IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.60 of 2005 1. ANANDI MANDAL @ JUGALI MANDAL, 2. Shiyaram Mandal, both sons of Late Sadhi Mandal 3. Rameshwar Mandal, 4. Keshri Mandal both son of Baldeo Mandal All resident of village- Tintanga Korari, P.O. Tintanga, P.S.-Gopalpur, District- Bhagalpur …Plaintiffs/ Appellants /Appellants Versus 1. SUMITRA DEVI, w/o Ramdhin Sao (deceased respondent no.1) village- Tintanga Korari, P.O. Tintanga, P.S.-Gopalpur, District- Bhagalpur 2. Sita Ram Sao, S/o Late Ramadhin Sao, resident of village- Mahendi Nagar, P.S.-Muzahidpur, District- Bhagalpur 3. Subodh Sao, S/o Late Ramadhin Sao, resident of village-Aliganj, P.S.- Muzahidpur, District- Bhagalpur, 4. Hawni Devi, D/o Ramdhin Sao, W/o Baikunth Sao, resident of village- Nathnagar, P.S.- Nathnagar, District- Bhagalpur, 5. Sawri Devi, D/o Ramdhin Sao, W/o Janardan Sah, Village- Pirpainti, P.S.- Pirpainti, District- Bhagalpur 6. Putulia Devi, D/o Ramdhin Sao, W/o Narayan Sao, village- Aliganj, P.S.- Muzahidpur, District- Bhagalpur, 7. Jagdish Sao, S/o Doman Sao, r/o village- Tintanga Karari, P.S.-Gopalpur, District- Bhagalpur …Defendants/Respondents/Respondents 8. Ram Dhani Das S/o Late Boku Das, resident of village- Tintanga Karari, P.S.- Gopalpur, District- Bhagalpur …Defendant/Respondent/Respondent ----------- 12/ 10.03.2011 Heard the parties. Delay in filing the appeal is condoned. I. A. No.619 of 2005 stands disposed of. The appellants are aggrieved with the order of the 3rd Additional District Judge, Naugachia, in Title Appeal No.25 of 1989, passed on 30.08.2004 by which the application filed on behalf of the appellants for substituting the heirs of the appellant no.1, Sadhi Mandal, and respondent no. 2, Ramdhani Sao, have been disallowed. It has been submitted that that the main reason for disallowing such an application was technical and for technical 2 reasons civil rights of the parties should not suffer since as per the established procedure with regard to substitution, it is to dispense justice and not to thwart such an attempt. Considering the same, the appeal is allowed. The appellants are directed to file a fresh application within two weeks from the date of receipt/production of a copy of this order and ensure that all the necessary parties have been mentioned in such petition. When such a petition is filed on behalf of the appellants, the court concerned will pass appropriate orders in accordance with law without unnecessarily going into the technicalities of considering such an application. With the aforesaid observation/direction, this appeal is allowed. JA/- (Anjana Prakash,J.)