IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.389 of 2009 1. NAIMUN NISHA, W/O LATE MOHAMMAD ALIM 2. SHAHNABAJ ALAM, S/O LATE MOHAMMAD ALAM 3. MD. RAFI, S/O LATE MD. ALAM 4. MD. SHAFI, S/O LATE MD. ALAM 5. MD. MOSIR, S/O LATE ALAM 6. REHANA KHATOON, W/O ABDUL MALIK 7. SHABANA KHATUN, W/O MD. ASALAM. ALL RESIDENTS OF VILLAGE-BHAWANAGAR, P.S.- BHAGWANPUR, DISTRICT-MUZAFFARPUR. ………………PLAINTIFFS/PETITIONERS. Versus 1. MOSTT.BIBI SAJADA, W/O ABDUL MAZID, RESIDENT OF VILLAGE-BHAGWANPUR, P.S.-SADAR, DISTRICT- MUZAFFARPUR. 2. BIBI ASAMA, W/O ABDUL MAJID, RESIDENT OF VILLAGE-KHANYAI, P.O.-STATHAUANI, DISTRICT- MUZAFFARPUR. ………………PLAINTIFF IST PARTY-O.P. 3. MOHAMMAD HALIM 4. MD. SALIM 5. MD. TASLIM ALL ARE SONS OF LATE ABDUL AJIM, RESIDENT OF VILLAGE-PHAG, P.S.-SADAR MUNSIFI, DISTRICT- MUZAFFARPUR. …………………PLAINTIFF 2ND PARTIES/O.Ps. 6. ABDUL MANNAN, SON OF LATE MD. USMAN, RESIDENT OF VILLAGE & P.S.-KANTI, P.O.-MOTIPUR, DISTRICT-MUZAFFARPUR. 7. MOSTT. BIBI JAINAB, W/O HAKIM SAHEB, RESIDENT OF VILLAGE-CHAINPUR BANGARA, P.S.-KUDHANI, P.O.-SILAUT, MUNISIFI AND DISTRICT- MUZAFFARPUR. 8. MD. ASLAM, S/O GAFARAN, R/O VILLAGE-SHIKAHA, P.S.-KANTI, P.O.-MOTIPUR MUNSIFI AND DISTRICT- MUZAFFARPUR. 9. SAMSUL HAQUE @ ANWESH, S/O SOEB, R/O VILLAGE- BAHUARA, P.S.-KANTI, P.O.-SADIKPUR, MUNSIFI & DISTRICT-MUZAFFARPUR. 10. ABDUL HAFIJ, S/O MD. IDRISH, R/O VILLAGE- AUSNAGAR, P.S.-KANTI, P.O.-MOTIPUR, MUNISIFI AND DISTRICT-MUZAFFARPUR. 11. SOGARA KHATUN, W/O ABDUL AUHAS AND DAUGHTER OF MUJIBUR REHMAN, R/O VILLAGE-ASWARI BANJAIYA, DISTRICT-MUZAFFARPUR. 12. FAJALUN REHMAN, S/O MD. JAN, R/O VILLAGE- BAHUARA, P.S.-KANTI, P.O.-SADIQUEPUR, MUNSIFI AND DISTRICT-MUZAFFARPUR. ………………DEFENDANTS 3RD PARTIES/O.Ps. 13. KAILASH PRASAD SINGH 14. RAM PRAKASH SINGH BOTH SONS OF CHOKHU SINGH AND RESIDENTS OF MOHALLA-BHAGSANPUR, CHATTI TOWN AND DISTRICT- MUZAFFARPUR. 15. SABUJ DEVI, W/O SURESH PRASAD, R/O VILLAGE- SARAIYA BAZAR, DISTRICT-MUZAFFARPUR. 16. SUDESHWAR SINGH 17. NANU SINGH 18. SURENDRA SINGH 2 ALL SONS OF RAMDEO SINGH, RESIDENT OF VILLAGE-KARKANTI, P.O.-MUNSIFI AND DISTRICT- MUZAFFARPUR. 19. MOTINUL HAQUE KHAN, S/O AHMAD KHAN, R/O VILLAGE-BHAGWANPUR, P.S.-SADAR, P.O.- BHAGWANPUR, DISTRICT-MUZAFFARPUR. 20. AKHATRI KHATOON, W/O LATE MD. ALIM 21. BIBI SHAISHTA KHATOON, D/O LATE MD. ALIM. BOTH ARE RESIDENTS OF VILLAGE-BHAWANAGAR, P.S.-BHAGWANPUR, DISTRICT-MUZAFFARPUR. ………………DEFENDANTS 4TH PARTIES/O.Ps. ----------- 3 23.03.2009 Heard learned counsel for the petitioners. This revision application has been filed for setting aside the order dated 21.1.2009 passed by the Sub-Judge Vth, Muzaffarpur in Partition Suit No. 47/1982 by which the petition of the petitioners-plaintiffs filed under order 1 Rule 10 (2) of the C.P.C. for striking out the names of opposite party nos. 20 and 21 from the plaint has been rejected. Learned counsel for the petitioners submits that the opposite party nos. 20 and 21 were substituted in place of the deceased Md. Halim the original plaintiff without knowledge of the petitioners by order dated 24.1.2001. He further submits that the said opposite party nos. 20 and 21 were substituted at the instance of plaintiff no. 4 wrongly as opposite party nos. 20 and 21 were total strangers and not the legal heirs or representative of the Md. Halim. Learned court below has rejected the application of the plaintiffs-petitioners on the ground that they have not filed any petition for review of the order dated 24.1.2001 which has become final. So far as impugned order is concerned, this court 3 does not find that the court below has exercised the jurisdiction illegally or with any material irregularity. Hence, this Court does not find any merit in the revision application and the same is dismissed. In case the plaintiffs-petitioners file such a petition for review of the said order dated 24.1.2001 with an application for condonation of delay in the court below, the same shall be disposed of expeditiously in accordance with law. Arvind/ ( J. N. Singh, J.)