IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.1944 of 2007 Rajendra Prasad Gupta Versus Raj Kumari Devi & Ors ---------------------------------- 04. 05.12.2011 I.A.No.5369/11. This interlocutory application has been filed on behalf of the petitioner stating therein that opposite party no.1 has died on 10.05.10 and her heirs and legal representatives are already on record of this revision application as plaintiff and opposite party no.2. There is no objection on behalf of the opposite party to the prayer made by the petitioner. This interlocutory application is allowed and the name of the deceased opposite party no.1, Raj Kumari Devi is expunged from the records of this revision application after taking notice of the fact that her heirs are already on record as petitioner as well as opposite party no.2 in this revision application. In view of the decision reported in Surya Dev Rai Vs. Ram Chander Rai and others, reported in (2003)6 Supreme Court Cases 675 this revision application is not maintainable. However, learned counsel appearing on behalf of the petitioner has made a 2 prayer for converting this revision application into an application under Article 227 of the Constitution of India. The prayer is allowed. The petitioner is granted four weeks time to convert revision application into an application under Article 227 of the Constitution of India failing which this revision application shall stand rejected without further reference to the bench. Nitesh ( V. Nath, J.)