IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.435 of 2006 SMT.MITHILESH DEVI & ANR Versus MD.MOIN @ GUDDU ----------- 8 4.7.2008 Heard Counsel for the parties. In view of the fact that the impugned order passed by the lower appellate Court records categorical finding both with regard to non-service of notice effectively as also death of certain defendants leading to non-appearance of the defendants and thus justifying the restoration of suit, this Court would not interfere with the aforementioned findings in exercise of power under Section 115 of the Code of Civil Procedure inasmuch as neither there is any material irregularity nor any error of jurisdiction in the impugned order. Consequently, this civil revision application, being devoid of any merit, is hereby dismissed. Rsh (Mihir Kumar Jha, J.)