IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.355 of 2007 BIRENDRA KUMAR GUPTA Versus SMT.SHYAMPATI DEVI & ORS ----------- 3. 27.8.2008 Heard counsel for the petitioner. The grievance of the petitioner against the impugned order dated 14.11.2006 that certain persons said to be dead during the course of final decree proceeding, having been not brought on record by the decree holder, may vitiate the entire final decree proceeding, is definitely a cause of concern with the court below. If the court below after finding that the notices were filed on such of the heirs as has been recorded in the order dated 13.10.2006 has proceeded to appoint the Pleader Commissioner for taking steps for preparation of final decree, this Court would not find any jurisdictional error in the impugned order. This Court would find that the suit is of the year 1966 and the matter has remained pending for only 42 years. In that view of the matter, the court below is directed to reverify from the records as to whether any of the persons allegedly dead 2 during the course of final decree proceeding have been substituted and have been issued notice or not. But that will not be a ground for staying preparation and signing of the final decree for an indefinite period. With the aforementioned observations, this application is hereby dismissed. ( Mihir Kumar Jha,J.) Surendra/