IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2468 of 2007 MD. MUMTAZ AHMAD QAISER & ANR Versus MD. MOJAHIR IMAM ----------- 2. 13.1.2009 Heard counsel for both the parties. In the opinion of this Court this civil revision application has become infructuous for a simple reason that the prayer of the petitioners was to recall an order of ex-parte hearing dated 30.8.2007 and permit them to file their written statement. The court below by the impugned order dated 26.9.2007 had rejected such prayer of the defendant-petitioners. It appears that thereafter the court below had proceeded with the hearing of the suit and ultimately has already delivered its judgment dated 6th November, 2008, a photocopy whereof produced by the counsel for the opposite party has been kept on records of this case. In that view of the matter, now there would be no question of setting aside the order dated 30.8.2007 or the consequential order dated 26.9.2007, inasmuch as both of them have merged in the ex-parte judgment dated 6.11.2008. The 2 petitioners, therefore, may take their own remedy which is now available to them in law against the aforementioned ex-parte judgment dated 6.11.2008. This application is, accordingly, dismissed as having become infructuous. (Mihir Kumar Jha,J.) Surendra/