IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.290 of 2007 ---- Sonamati Devi, wife of Nagendra Singh and daughter of Girja Singh, Resident of Village-Sikandarpur, Police Station- Bihta, District-Patna. -- Plaintiff- Petitioner. Versus 1. Sri Girija Singh, son of Late Jai Govind Singh. 2. Sri Veera Singh, son of Late Jai Gobind Singh. 3. Smt. Manju Devi, wife of Sri Ashok Sharma. All residents of Village and Post Office-Sarasat, Police Station- Naubatpur, District-Patna. 4. Sri Sidheshwar Sharma. 5. Sri Jitendra Sharma. 6. Sri Jogendra Sharma. 7. Sri Arjun Sharma. 8. Sri Upendra Sharma Sons of Late Rohan Singh. 9. Smt. Kish Kumari Devi wife of Sri Jitendra Singh. 10. Smt. Nima Devi, wife of Sri Arjun Sharma. 11. Smt. Sulekha Devi wife of Sri Upendra Sharma Residents of Village-Datiyana, Police Station-Bikram, District- Patna. 12. Mahasunder Kuer, wife of Late Mahendra Singh. 13. Damodar Singh, son of Late Lala Singh. 14. Hari Narayan Sharma, son of Ramodar Singh. 15. Smt. Seema Devi, wife of Sri Hari Narayan Sharma. 16. Smt. Sushila Devi, wife of Late Dewan Singh. 17. Sri Ram Kishore Sharma, son of Late Dewan Singh. 18. Smt. Arunti Devi, wife of Ram Kishore Sharma. All resident of Village-Datiyana, Police Station-Bikram, District-Patna. -- Defendants-Opposite Parties. ----- For the petitioner : Dr. Amrendra Kumar & Mr. Lal Bahadur Pandey, Advocates. For the Opposite parties : M/s Prasoon Sinha, Shishir Kumar, Dilip Kumar and Ashok Kumar Singh-3, Advocates. ---- 03. 20.07.2009 Heard learned counsel for the petitioner and learned counsel for the opposite parties. 2. This civil revision has been filed on behalf of the plaintiff-petitioner challenging order dated 08.12.2006 passed in - 2 - Title Suit No.70 of 2002 by which learned Subordinate Judge-II, Danapur, allowed the application filed by the defendants for examination of defendant no.1 Girija Singh as special witness. 3. The aforesaid suit was filed by the petitioner and her mother Ureha Devi @ Sari Devi ,since deceased, for partition of their 1/6th share in the suit property and also for declaration that two deeds of gift of the defendants were illegal and void and for other ancillary reliefs, including injunction. In the said suit, the defendants appeared and contested. 4. It transpires that subsequently an application was filed by the defendants in the court below stating that defendant no.1 Girja Singh was an old man aged about 85 years and was also suffering from various ailments and hence his evidence be taken as a special witness under the provision of Order XVIII Rule 16 of the Code of Civil Procedure. This application of the defendants has been allowed by the impugned order dated 08.12.2006 which has been challenged by the plaintiff-petitioner on the ground that a similar application of the plaintiff for examining plaintiff no.1 Ureha Devi, who was the mother of plaintiff no.2-petitioner, was filed much earlier, but was not heard by the learned court below for several years, although the said Ureha Devi was also an old lady and was the wife of the said defendant no.1 Girja Singh. 5. Both the learned counsel for the parties do not dispute the fact that the said defendant no.1 Girja Singh had already been examined as special witness in view of the impugned order dated - 3 - 08.12.2006 and he has thereafter died. It is also not in dispute that the said plaintiff no.1 Ureha Devi had also died before the filing of the instant civil revision. 6. In the said circumstances, there remains no occasion to interfere with the impugned order of the learned court below, nor does this court find any other reason to interfere with the same as the said order was well within the jurisdiction of the learned court below. Accordingly, this civil revision is dismissed. Sunil (S. N. Hussain, J.)