IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No.65 of 2010 1. Mathura Chaudhary 2. Sheo Prasad Chaudhary 3. Bishnu Pd. Chaudhary All sons of Late Bhikhari Chaudhary All are resident of village Alipur Burhara, P.S. Athmalgola, District- Patna. ….Appellants/ Petitioners. Versus 1. Ajay Rai. 2. Sanjay Rai 3. Manjay Rai All sons of Late Sarjug Rai 4. Arjun Rai 5. Siban Rai 6. Karu Rai 7. Bishwanath Rai All are sons of Late Ramdeo Rai 8. Sib Dayal Rai 9. Anup Rai 10. Ram Dayal Rai 11. Din Dayal Rai. All are sons of Bramhdeo Rai All are resident of village Alipur Burhara P.S. Athmal Gola, District- Patna. …. Respondents- Opp.Parties. ----------- For the petitioners : Mr. Binit Kumar, Advocate. For the respondents : Mr.Sri Nandan Pd. Singh & Manish Kumar, Advocates. ----------- 08/ 21.10.2011 1. Heard learned counsel for the petitioners and learned counsel for the respondents. 2. This petition has been filed by the petitioners for review of order dated 25.09.2002 by which the interlocutory application for condoning the delay and for substituting the heirs of respondent no.2 Ramdeo Roy was rejected and consequently the whole appeal was declared to have dismissed as abated. - 2 - 3. Learned counsel for the petitioners submits the second appeal in question was admitted on 15.04.1994, whereafter the aforesaid respondent no.2 Ramdeo Roy died on 14.10.1994 and an application for substitution of his heirs was filed on 26.09.1997 whereafter a petition for condoning the delay in the filing of the application for substitution bearing I.A.No.4189 of 2002 was filed by the petitioner, but no prayer for setting aside abatement was made therein. The said applications for substitution and condoning the delay were dismissed by the order in question dated 25.09.2002 which is sought to be reviewed in this civil review petition which was filed on 30.03.2010. 4. From the records of the case it is quite apparent that the sole appellant died in the year 2003 but before that she did not challenge the said order dated 25.09.2002 for several three months and now in the year 2010 this civil review petition has been filed by the heirs of the deceased sole appellant. 5. This court does not find any error apparent in the said order nor does it find any fresh material to take a different view. Accordingly, this petition is dismissed. Sunil (S. N. Hussain, J.)