IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.123 of 2008 RAM PADARATH MAHTO & ORS Versus SMT.JYOTI DEVI & ORS ----------- 4 6.8.2008 Learned counsel for the appellants so as to meet the office objection has submitted that the appellants be permitted to convert this Misc.Appeal into Civil Revision and time be given so as to facilitate him to pursue the matter in revisional jurisdiction of the Court. But having gone through the impugned order itself, it appears that the appellants were supposed to file a petition for setting aside the abatement order, which they did not.. In such situation, the proper forum for the appellants is to file an appeal the jurisdiction for which, in view of the Office notes, lies with the court of the District Judge concerned. The appellants may file an appeal there. The time taken in pursuing the matter here under the bonafide impression that the appeal will lie before this Court, should be condoned at the time of entertaining the appeal by the court below. This appeal is dismissed as not maintainable. SKBOSE (Subash Chandra Jha)