IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.140 of 2011 GUJRI DEVI Versus KAMLA SAH & ORS ----------- 03/ 09.03.2011 This petition has been filed for recall of order dated 23.06.2009 by which this court dismissed on merits Civil Review No.97 of 1998 filed by Gujri Devi. Learned counsel for the petitioner submits that the said order had been passed against a dead person, namely the sole petitioner Gujri Devi without substituting her heirs, as she had died on 19.10.2007. Although the said question was not raised by learned counsel for the petitioner at the time of hearing of the civil review petition nor any interlocutory application for substitution had been filed therein, but taking a lenient view for the purpose of proper adjudication, order dated 23.06.2009 passed in Civil Review No.97 of 1998 is hereby recalled and the said review case is restored. This M.J.C. petition has been filed by two heirs of the said original review petitioner Gujri Devi, who claimed that they are the only heirs and legal representatives of the said Gujri Devi, hence this order is made subject to filing of an interlocutory application for substitution in the civil review petition within one week from today. Let Civil Review No.97 of 1998 be placed under the heading ‘Admission’ on 16.03.2011 along with defects and interlocutory applications, if any. Harish (S.N. Hussain, J.)