IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1825 of 2007 SMT.KRISHNA SINGH Versus SMT.MAHAMAYA DEVI & ORS ----------- 6 18.11.2010 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. I.A. No. 8690 of 2010 has been filed for expunging the name of the deceased sole petitioner, Smt. Krishna Singh, who is stated to have died on 25.08.2009 leaving behind her legal representatives as described in paragraph no. 9 of this application and for substituting the applicant Bibhuteshwar Singh as Petitioner, whereas other legal representatives are sought to be impleaded as opposite parties. It is urged by learned counsel for the petitioner that other legal representatives of the deceased sole petitioner are not willing to prosecute this civil revision as the petitioners and, thus, a prayer has been made to implead them as opposite parties. It is further contended that step for substitution in this manner has already been taken in the title suit concerned and this applicant Bibhuteshwar Singh has been substituted as plaintiff, whereas the other legal 2 representatives of the deceased petitioner, Smt. Krishna Devi have been impleaded as party defendants. In above view of the matter, I.A. No. 8690 of 2010 is allowed. Let the name of the deceased sole petitioner be expunged and in her place her son, the applicant Bibhuteshwar Singh, be substituted and her other legal representatives as described in paragraph 9 of this interlocutory application be impleaded as opposite parties. However, this order shall be subject to objection, if any, raised on behalf of the newly added opposite parties. Learned counsel for the petitioner further submits that the impugned order being interlocutory in nature this civil revision would not be maintainable in view of the law laid down by the Apex Court in the cases of Shiv Shakti Coop. Housing Society, Nagpur v. Swaraj Developers and others ((2003) 6 Supreme Court Cases, 659) and Surya Dev Rai v. Ram Chander Rai and others ((2003) 6 SCC, 675) as well as by a Division Bench of this Court in the cases of Durga Devi v. Vijay Kumar Poddar and others and its analogous cases(2010(2) PLJR 954). Learned counsel for the petitioner, therefore, seeks permission to convert this civil revision into a writ 3 application under Article 227 of the Constitution of India in view of the decision of the Division Bench rendered in Durga Devi (supra) referred to above, while deciding the issue of maintainability of the Civil Revision. Permission is accorded Let the petitioner convert this civil revision into a writ application under Article 227 of the Constitution of India within two weeks, as prayed, failing which, it shall stand rejected without further reference to a Bench. SC (Dr. Ravi Ranjan, J.)