IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.11666 of 2011 Bibi Faizunnisa & Ors Versus Md.Shafi Alam & Ors ---------------------------------- 03. 01.08.2011 Heard the learned counsel for the petitioners. This application under Article 227 of the Constitution of India has been filed by the plaintiffs- petitioners against the order dated 05.05.2011 passed by the Subordinate Judge II, Munger in title suit no.110 of 2001 whereby the learned Court below rejected the application filed by the plaintiffs-petitioners for deleting the name of respondent no.8. The learned counsel for the petitioners submitted that the defendant no.8 deposed before the Court as P.W.4 but he did not support the plaintiff and he was examined without the consent of the petitioners. Moreover, since he has deposed in favour of the plaintiffs, therefore, now, he lost his status as defendant in the suit, therefore, his name should be deleted. It is admitted fact that this defendant no.8 was added as defendant no.8 on the application filed by him under Order 1 Rule 10 C.P.C. after hearing the plaintiff and the intervener. From perusal of the impugned order, it appears that the learned Court below considering all aspects of 2 the matter, has refused to allow the prayer of the plaintiffs-petitioners. In such view of the matter, in application under Article 227 of the Constitution of India, this Court cannot convert itself to an appellate Court and reappraise the materials available on record and substitute its own view when the court below has taken the other possible view. I, therefore, find no force in this application. Accordingly, it is dismissed. Saurabh (Mungeshwar Sahoo,J.)