IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1099 of 2006 CHANDRAMA GIRI, SON OF LATE FULENA GIRI, RESIDENT OF VILLAGE GAMHARI, POLICE STATION BAIKUNTHPUR, DISTRICT GOPALGANJ …… ….. ……………….. PETITIONER VERSUS 1. JAMADAR BHARATI, SON OF SHIVNATH BHARATI, decd. 2. PRAHLAD BHARATI, SON OF JAMADAR BHARATI, 3. SANJAY BHARATI, SON OF JAMADAR BHARATI , 4. AJAY BHARATI, SON OF JAMADAR BHARATI, 5. UMRAWATI DEVI, DAUGHTER OF JAMADAR BHARATI, And WIFE OF BIRENDRA GIRI 6. MANJU DEVI, DAUGHER OF JAMADAR BHARATI, AND WIFE OF SHAMBHU BHARATI, 7. RANJU KUMARI, DAUGHTER OF JAMADAR BHARATI, 8. SANDHYA KUMARI, DAUGHTER OF JAMADAR BHARATI. ALL RESIDENTS OF VILLAGE BALAHA, POLICE STATION BAIKUNTHPUR, DISTRICT GOPALGANJ. … … … OPPOSITE PARTY 1ST SET. 9. CHANDRIKA GIRI, SON OF LATE FULENA GIRI, 10. UMA SHANKAR GIRI, SON OF LATE FULENA GIRI 11. RUKMINI DEVI, WIFE OF BABAN GIRI, DAUGHTER OF FULENA GIRI. ALL RESIDENTS OF VILLAGE GAMHARI, POLICE STATION BAIKUNTHPUR, DISTRICT GOPALGANJ. … … ….OPPOSITE PARTY 2ND SET. …………………………. OPPOSITE PARTIES ******** 3 21.11.2008 Heard Counsel for the petitioner and Counsel for the Opposite Parties. In the opinion of this Court, for the reasons given in the impugned order, the substitution of the heirs of Rajmato Kuer can not be said to be vitiated by any material irregularity and/or jurisdictional error. The application filed by the petitioner to delete the name(s) of the heirs by holding that they are not the legal heirs of Rajmato Kuer was itself misconceived in as much as in 2 the earlier final decree proceedings, on death of Rajmato Kuer, her heirs were impleaded party by an order dated 22.08.1996. Such order between the parties including the petitioner became final. The plea of the counsel for the petitioner that such order was passed without notice to the petitioner will not vitiate the order dated 22.08.1996. It was for the petitioner to challenge the aforesaid order and if he did not to do so, he must be held to have acquiesced his right in the aforesaid order dated 22.8.1996. In view of the fact that the order dated 22.08.1996 has acquired finality, the issue with regard to the heirs of Rajmato Kuer can not be allowed to be reopened now on any ground whatsoever. That being so, the Court below has not committed any jurisdictional error. The application is misconceived and is hereby dismissed. Anand (Mihir Kumar Jha, J.)