IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1767 of 2008 AZAM ALI & ORS Versus ARUN KUMAR KANODIA@ARUN KUMAR ----------- 2. 24.10.2008 Heard counsel for the petitioners. For the reasons mentioned in I.A.No. 6265/2008 the delay in filing this civil revision application is condoned. In the opinion of this Court from the impugned order dated 18.9.2007 in a suit of the year 1995 it does not transpire that whether the preliminary issue is an additional issue or is only preliminary issue inasmuch as the issues have not been framed till today. In any view of the matter, it is the case of the petitioners that such preliminary issue was framed in their absence, inasmuch as their lawyer was not present. That being so, this Court would set aside the impugned order dated 18.9.2007 with a liberty to the court below to hear both the parties on the application dated 19.6.2007 (Annexure 1) and pass a fresh order as with regard to any preliminary issue which can be culled out from the pleadings. 2 Surendra/ With the aforesaid observations and directions this Civil Revision Application is allowed to the extent indicated above. (Mihir Kumar Jha,J.)