IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.1026 of 2009 Sahdeo Mandal & Ors Versus Raja Mandal & Ors ---------------------------------- 4 21.12.2011 Interlocutory Application No. 9141 of 2010. This interlocutory application has been filed on behalf of the petitioner stating therein that the petitioner no.1 Shadeo Mandal died on 30.12.2009 leaving behind the heirs and legal representatives as mentioned in paragraph-1 of the petition. The petition has been filed within time and as such in view of the facts stated in the petition, the prayer for substitution is allowed and the heirs and legal representatives of the deceased petitioner no.1 Shadeo Mdnal as mentioned in paragraph-1 of the petition is substituted after expunging his name from the record of this appeal. All the heirs and legal representatives of the deceased petitioner no.1 has appeared in this revision application by filing Vakalatnama. Mr. Rajesh Kumar Jha, learned counsel appearing on behalf of the petitioners further submits that by the impugned order the court below has rejected the prayer of the petitioners under Order XIV, Rule-2 C.P.C. for deciding an issue as preliminary issue and as such the impugned order is interlocutory in nature and therefore, the revision application is not maintainable and he may be permitted to convert this revision application into an application under Article 227 of the Constitution of India. 2 The prayer is allowed. The petitioners are granted four weeks time to convert this revision application into an application under Article 227 of the Constitution of India, failing which this revision application shall stand rejected without further reference to a Bench. Md. Ibrarul ( V. Nath, J.)