IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.284 of 2005 HARI NANDAN PRASAD Versus RUKMANI DEVI & ORS ----------- 05/ 08.12.2008 Learned counsel for the appellant submits that the lower appellate court has allowed the title appeal and after setting aside the judgment and decree of the trial court has found that the State has also issued notification not to transfer the property relating to Khata No. 1053 and hence the State is a necessary party and the learned court below was directed to make the State of Bihar a party to the suit and proceed afresh in the suit taking all the evidences afresh including giving opportunity to the State of Bihar. Learned counsel further submits that the matter has been remanded to the learned court below hence he seeks permission to convert this second appeal into miscellaneous appeal under the provision of Order 43 Rule 1(u) of the Code of Civil Procedure. In the said circumstances, learned counsel for the appellant is permitted to convert this second appeal into miscellaneous appeal within two weeks from today. harish/ ( S.N.Hussain, J.)