IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.895 of 2008 RATAN KUMAR BHAGAT & ANR. Versus M/S INDIAN OIL CORPORATION LTD. ----------- 3 1.7.2008 Heard Counsel for the petitioners. The order of the Court below dated 10.3.2008 has been assailed by the petitioners who are plaintiffs to the suit on the ground that the Court below ought to have not invoked the provisions of order 7 rule 10 of the Code of Civil Procedure inasmuch as the defendants had not appeared. Counsel for the petitioners has also submitted that the Court below has committed material irregularity in holding the suit to be not maintainable at Patna. In the opinion of this Court, the cause of action being based on mixed bundle of facts, has to be predominantly looked into from the angle of the main relief and the main relief in the suit purportedly filed under the ambit of Section 91 of the Code of Civil Procedure is that the depot of kerosene oil should be declared dangerous and nuisance creating place in the area. The area is nowhere else but in Simri Bakhtiarpur which is in the district of Saharsa. In that view of the matter, the Court below has not committed any error in holding that the suit was not maintainable at Patna. At this stage, this Court had also asked the Counsel for the petitioner as to whether the petitioners would like to 2 maintain a suit at Saharsa. The answer however given by the counsel was in negative. It definitely goes to show that the petitioners are misusing the process of the Court by taking recourse of Section 91 of the Code of Civil Procedure. Be that as it may, there being no material irregularity and/or jurisdictional error in the impugned order, this civil revision application is devoid of any merit and is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)