IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.1040 of 2009 Md.Waseem & Ors Versus Md.Samsul & Ors ---------------------------------- 2 22-12-2011 No one appears on behalf of the petitioners. However, the learned counsel appearing on behalf of opposite party nos. 2, 3 and 5 is present. The learned counsel appearing on behalf of the opposite parties has pointed out that opposite party no.1, Md.Samsul, as well as opposite no.4, Abdul Zameer, died during the pendency of the suit in the court below and by order dated 4-2- 2007 and 15-4-2005 respectively their names were expunged from the records of the title suit after substituting their heirs and legal representatives. The learned counsel has pointed out that those heirs have not been impleaded as parties in this revision application, rather the dead persons have been impleaded as opposite party nos. 1 and 4. Although this revision application has been filed against the order dated 24-4-2009, obviously it has been filed much after the substitution of the heirs of opposite party nos. 1and 4. As such, it has been contended by the learned counsel that this revision application is not maintainable, as the impugned order has attained finality against the heirs of opposite party nos. 1 and 4 and proceeding further with this revision application may lead to inconsistent orders. I find force in the submission of the learned counsel for the opposite parties. In view of the facts above stated and the submission made on behalf of the opposite parties, this revision 2 application is held not maintainable and is, accordingly, dismissed as such. roy ( V. Nath, J.)