IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.251 of 2009 Shanti Devi, w/o late Ram Gobind Sharma, resident of village Narma, PS Hulasganj, District Jehanabad, presently residing at Mohalla – Nutan Nagar, New Area Tilha, PS Civil Lines, District Gaya ............Opp. Party - Petitioner Versus 1. Jagdish Sharma@Manoj Kumar Son of Shri Kant Sharma 2. Kamta Sharma 3. Ram Naresh Sharma - Both sons of late Sidheshwar Sharma 4. Shrimati Radhika Devi W/o Sheo Narayan Sharma All residents of village – Dadpur, PS Hulasganj, District Jehanabad, presently residing at Mohalla Beldari Tola Kalibari, New Area, PS Civil Lines, District Gaya 5. Sheo Narayan Sharma son of Sidheshwar Prasad residing at Police Lines at Munger as ASI resident of village Dadpur, PS Hulasganj, District Jehanabad 6. Sat Kumari Devi widow of Late Rajendra Sharma 7. Dinesh Kumar Son of Late Rajendra Sharma, both residents of village Dadpur, PS Hulasganj, District Jehanabad 8. Sunil Kumar son of late Rajendra Sharma, resident of Parsanda Gaon, PS Sahebabad, District Gazipur (U.P.) ..........Appellants –Opp. Party ----------- 04- 16/11/2011 Heard Mr. Shivendra Prasad for the petitioner, and Mr. Sukumar Sinha for opposite party nos. 1 to 8. This application under section 115 of the Code of Civil Procedure has been filed by the opposite party of Misc. Case no.11 of 2007, challenging the maintainability of the miscellaneous case filed by the present opposite parties (the defendants in the suit) for recall of the ex-parte judgment and decree dated 22.9.2005, passed in Title Suit no.76 of 2004. It appears to us from a perusal of the impugned order 2 that the learned trial court has observed that the issue of maintainability of the misc. case shall be decided at the stage of disposal of the same. In other words, contention raised by the present petitioner (the plaintiff) has not been rejected, and shall be considered at the appropriate stage perhaps for the reason that it needs substantive evidence. 2. The impugned order cannot be faulted. This civil revision application is dismissed. mrl ( S K Katriar, J. )