IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.862 of 2007 Pinki Kumari Versus Rameshwar Singh & Ors ----------- 07. 17.11.2011 Heard the learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the opposite parties. By the impugned order, the learned court below has rejected the prayer of the petitioner therein to declare the civil death of the plaintiff respondent Kameshwar Singh. The suit was for specific performance of contract and the appeal has arisen out of that decree. The lower court below has rightly held that the declaration regarding the civil death of Kameshwar Singh was not in issue and could not have been granted but has rightly given the liberty to the petitioner to file a fresh suit for the same. As such there is no illegality or jurisdictional error in the impugned order. It is, accordingly, dismissed. Nitesh ( V. Nath, J.)