IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.665 of 2009 Sunaina Devi @ Barli & Ors Versus Nagendra Prasad Suman & Ors ---------------------------------- 07. 14.12.2011 Heard Mr. Ashok Kumar, the learned counsel appearing on behalf of the petitioners and Saba Ashfaque appearing on behalf of the proposed interveners. The learned counsel appearing on behalf of the petitioners has submitted that in view of the provision that Order 43 Rule 11(k) C.P.C. an appeal is maintainable against the impugned order as the prayer of the petitioner for condonation of delay and setting aside abatement has been rejected. He has made a prayer for converting this revision application into miscellaneous appeal. The prayer is allowed. The petitioners are granted two weeks time to convert this revision application into miscellaneous appeal, failing which this revision application shall stand rejected without further reference to the bench. Nitesh ( V. Nath, J.)