IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.421 of 2008 1. Subhash Prasad @ Subhash Chandra Prasad 2. Prabhat Kumar @ Prabhat Chandra Prasad - Both sons of Jai Chandra Prasad 3. Brij Kishore Prasad son of Late Ram Govind Ram 4. Ramesh Chandra Prasad son of Jai Chandra Prasad 5. Binod Kumar Prasad son of late Sheojee Prasad - All are residents of Village – raxaul, PO and PS Raxaul, District East Champaran ..........Defendants/Respondents/Petitioners Versus 1. Dharam Nath Prasad & Ors.......Defendants/Respondents/Opposite Parties ----------- 06- 21/10/2011 Heard Mr. Shashi Shekhar Dwivedi for the petitioners and Mr. Vijay Shankar Srivastava for opposite party nos. 1 to 3, and 5 to 16. The defendants (respondents before the learned appellate court) have preferred this civil revision application under Section 115 of the Code of Civil Procedure, and are aggrieved by the order dated 6.2.2008, passed by the learned 1st Additional District Judge, Katihar, in Misc. Appeal no.35 of 2005/ 20 of 2007, whereby the order of the learned trial court declaring the suit to have abated has been set aside, and the suit has been remitted to the learned trial court for a decision in accordance with law. 2. While assailing the validity of the impugned order, learned counsel for the defendants (the petitioners herein) submits that the same has been passed against dead persons. Sitaram Mahto (plaintiff/appellant) died on 2 2.2.2008 and Birendra Prasad (defendant/respondent no.8) died on 16.1.2008, whereas the impugned judgment was passed on 6.2.2008. It is, therefore, submitted that the impugned order is fit to be set aside. 3. We have perused the materials on record and considered the submissions of the learned counsel for the parties. The learned trial court had disposed of the suit on the ground that the same had abated. Aggrieved by the same, the plaintiffs preferred the aforesaid Misc. Appeal no.35 of 2005/20 of 2007, which has been allowed, the order of abatement passed by the learned trial court has been set aside, and the suit has been remitted to the learned trial court for a fresh decision in accordance with law. The present petitioners have indeed stated in paragraph-9 of the present civil revision application about the death of Sitaram Mahto and Birendra Prasad. We cannot lose sight of the fact that the same is the unilateral version of the petitioners. The same needs scrutiny. We are, therefore, reluctant to set aside the impugned order on this ground. It will only delay the disposal of the main matter and further consume judicial time and money. It will be open to the parties to raise the question of the death, if any, of Sitaram Mahto and Birendra 3 Prasad, before the learned trial court. 4. In the result, this civil revision application is dismissed. mrl ( S K Katriar )