IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.127 of 2010 NARENDRA SINGH SON OF AMIR SINGH, RESIDENT OF MOHALLA RAZA BAZAR (GOPALPUR ), POLICE STATION MOTIHARI TOWN, DISTRICT- EAST CHAMPARAN. …PLAINTIFFS/RESPONDENTS/PETITIONER. Versus 1. DHANPAT PRASAD GUPTA , SON OF IMRIT SAH, RESIDENT OF VILLAGE PURUSHOTAMPUR, POLICE STATION CHHAWRA DANO, DISTRICT- EAST CHAMPARAN. 2. MISHRI LAL SAH, SON OF ASHRAFI SAH, RESIDENT OF MOHALLA THAKURBARI MATIHANI, POLICE STATION MOTIHARI, DISTRICT- EAST CHAMPARAN. 3. BADARI SAH, SON OF DARBARI SAH, RESIDENT OF VILLAGE NAKCHED TOLA MOTIHARI, POLICE STATION MOTIHARI, DISTRICT- EAST CHAMPARAN. 4. KAMALDEO SAH, SON OF DARBARI SAH, RESIDENT OF VILLAGE NAKCHED TOLA MOTIHARI, POLICE STATION MOTIHARI, DISTRICT-EAST CHAMPARAN. 5. MOHAN SAH, SON OF RAM SURAT SAH, RESIDENT OF VILLAGE FULWARIYA, POLICE STATION PAKARI DAYAL, DISTRICT- EAST CHAMPRARAN. 6. SUDHAN SAH, SON OF RAM SURAT SAH, RESIDENT OF MOHALLA HANUMAN GARHI, POLICE STATION MOTIHARI, DISTRICT- EAST CHAMPARAN. 7. PRABHAWATI DEVI WIFE OF DHRAM NATH PRASAD, RESIDENT OF MOHALLA BISATI PATTI MOTIHARI, POLICE STATION MOTIHARI, DISTRICT- EAST CHAMPARAN. 8. SMT. GEETA DEVI @ GITA DEVI WIFE OF RAMADHAR, RESIDENT OF MOHALLA NAKCHED TOLA MOTIHARI, POLICE STATION MOTIHARI, DISTRICT- EAST CHAMPARAN. 9. SHOBHA DEVI WIFE OF SATYA NARAIN PRASAD, RESIDENT OF MOHALLA NAKCHED TOLA MOTIHARI, POLICE STATION MOTIHARI, DISTRICT- EAST CHAMPARAN. 10. SMT. KAVITA DEVI @ KAVITA DEVI WIFE OF SURENDRA PRASAD, RESIDENHT OF VILLAGE MATHIYA, DISTRICT- EAST CHAMPRARAN. 11. RAM SAH. 12. LAKSHMAN SAH @ LAKSHMAN PRASAD, BOTH BY DECREE ARE MINOR SONS OF LATE RAM SURAT SAH, BUT IN FACT THEY HAVE ATTENDED MAJORITY AND THEIR FATHER AND MOTHER HAVE ALREADY DIED AND AFTER THAT THERE IS NO NEED FOR LEGAL GUARDIAN, RESIDENT OF VILLAGE BHAWANIPUR, P.S. SANGRAMPUR, DISTRTICT- EAST CHAMPARAN. 13. ASHOK KUMAR. 14. KAUSHAL KISHORE @ KAUSHAL KISHORE PRASAD, BOTH SONS OF SATYA NARAIN, RESIDENT OF VILLAGE KATHA, POLICE STATION MOTIHARI, DISTRICT- EAST CHAMPARAN. 2 15. RAMADHAR PRASAD, SON OF RADHA MOHAN PRASAD, RESIDENT OF MOHALLA HANUMANGARHI, MOTIHARI, POLICE STATION MOTIHARI TOWN, DISTRICT- EAST CHAMPARAN. …. DEFENDANTS/APPELLANTS/OPPOSITE PARTIES. 16. MAHANTH SONA LAL DAS CHELA OF LATE RAMASHRAY DAS, RESIDENT OF MOHALLA SAHU MATH, BAJAJ PATTI, MOTIHARI, P.S. MOTIHARI, DISTRICT- EAST CHAMPARAN. 17. HARI NARAIN DAS CHELA LATE RAMJATAN DAS, RESIDENT OF VILLAGE HANUMAN GARHI, POLICE STATION MOTIHARI TOWN, DISTRICT- EAST CHAMPARAN. 18. SMT. YASODA DEVI WIFE OF ASHARFI SAH, RESIDENT OF MOHALLA THAKURBARI MATIHANI, POLICE STATION MOTIHARI, DISTRICT- EAST CHAMPARAN. 19. SMT. NIRMALA DEVI WIFE OF MANGAL PRASAD, RESIDENT OF MOHALLA BISATIPATTI MOTIHARI, POLICE STATION MOTIHARI TOWN, DISTRTCT- EAST CHAMPARAN. 20. SMT. SHEO KUMARI DEVI WIFE OF MOTILAL SAH, RESIDENT OF MOHALLA BISATIPATTI MOTIHARI, POLICE STATION MOTIHARI TOWN, DISTRICT- EAST CHAMPARAN. 21. SMT. KAVITA DEVI WIFE OF AJAY KUMAR ARYA, RESIDENT OF MOHALLA PAKARI BAZAR PANCH MANDIR MOTIHARI, POLICE STATION MOTIHARI TOWN, DISTRICT-EAST CHAMPARAN. 22. SMT. TARA MANI DEVI WIFE OF JAGAR NATH PRASAD, RESIDENT OF MOHALLA PAKARI BAZAR PANCH MANDIR MOTIHARI, POLICE STATION MOTIHARI TOWN, DISTRICT- EAST CHAMPARAN. 23. BHUSHAN PRASAD, SON OF NARAIN PRASAD, RESIDENT OF MOHALLA BISATIPATTI MOTIHARI, POLICE STATION MOTIHARI TOWN, DISTRICT- EAST CHAMPARAN. 24. SMT. SHAKUNTALA DEVI WIFE OF NARENDRA PRASAD, RESIDENT OF VILLAGE PIPRA, POLICE STATION PIPRA, DISTRICT-EAST CHAMPARAN AT PRESENT NAKCHED TOLA MOTIHARI, DISTRICT- EAST CHAMPARAN. 25. PUNAM SINHA WIFE OF SUDHIR KUMAR @ TUNTUN JEE, RESIDENT OF MOHALLA KHODA NAGAR MOTIHARI, POLICE STATION MOTIHARI TOWN, DISTRICT- EAST CHAMPARAN. 26. LALLAN BIHARI PRASAD, SON OF MATUAKDHARI PRASAD RESIDENT OF MOHALLA THAKUR BARI MOTIHARI, POLICE STATION MOTIHARI TOWN, DISTRICT- EAST CHAMPARAN. 27. SMT. SHARDA DEVI WIFE OF KAMAKHYA NARAIN SINGH RESIDENT OF MOHALLA NAKCHED TOLA MOTIHARI, POLICE STATION MOTIHARI TOWN, DISTRICT- EASH CHAMPARAN. 28. BAIJU PRASAD SON OF SHIODANI PRASAD, RESIDENT OF MOHALLA NAKCHED TOLA, MOTIHARI, POLICE STATION MOTIHARI TOWN, DISTRICT- EAST CHAMPARAN. 29. SACHIDA NAND PRASAD SON OF GANESH PRASAD. 3 30. LAKSHAMI PRASAD SINGH, SON OF JAGLAL PRASAD, BOTH RESIDENT OF MOHALLA HANERY BAZAR, MOTIHARI POLICE STATION MOTIHARI TOWN, DISTRICT- EAST CHAMPARAN. 31. MANORMA DEVI, WIFE OF VIJAY KUMAR JAISWAL, RESIDENT OF MOHALLA NAKCHED TOLA, MOTIHARI, POLICE STATION MOTIHARI TOWN, DISTRICT- EAST CHAMPARAN. 32. SHEO SHANKAR PRASAD SON OF KASHI SAH. 33. SUMITRA DEVI WIFE OF KRISHNA PRASAD, BOTH RESIDENT OF TELIA PATTI MOTIHARI, POLICE STATION MOTIHARI TOWN, DISTRICT- EAST CHAMPARAN. 34. RAM SAWARI DEVI WIFE OF HARI SHANKAR GIRI, RESIDENT OF VILLAGE SURAHA, POLICE STATION MOTIHARI MUFFASIL, DISTRICT- EAST CHAMPARAN. 35. ANIL KUMAR JAISWAL, SON OF PARAS PRASAD. 36. BADSHAHI PRASAD, SON OF RAM CHANDRA PRASAD. 37. USHA DEVI WIFE OF ANIL KR. JAISWAL, ALL THREE RESIDENT OF VILLAGE KHAIRI, POLICE STATION BANJARIYA, DISTRICT- EAST CHAMPARAN. 38. BHAGWAN PRASAD SON OF JAGGNATH PRASAD, RESIDENT OF VILLAGE PURAINA SAROTAR, POLICE STATION KASSARIYA, DISTRICT- EAST CHAMPARAN. 39. MAYA DEVI WIFE OF PRABHUDYAL PRASAD, RESIDENT OF VILLAGE MALAHI, POLICE STATION GOVINDGANJ, DISTRICT- EAST CHAMPARAN. 40. RAM BHAWAN SINGH, SON OF SATYA NARAIN SINGH, RESIDENT OF VILLAGE SALEMPUR PUNDAR HARDIYA, POLICE STATION MADHEBAN, DISTRICT- EAST CHAMPARAN. 41. SHANTI DEVI WIFE OF MAHESH PRASAD. 42. NARENDRA PRASAD, SON OF RAM CHANDRA PRASAD, BOTH RESIDENT OF VILLAGE AND P.O. AND P.S. PIPRA DISTRICT- EAST CHAMPARAN. 43. CHAMPA DEVI WIFE OF MADAN PRASAD, RESIDENT OF VILLAGE P.O. AND POLICE STATION GOVINDGANJ, DISTRICT- EAST CHAMPARAN. 44. BADRI SAH SON OF DARWARI SAH, RESIDENT OF VILLAGE PAKARI DAYAL, P.O. AND P.S. PAKARI DEYAL, DISTRICT- EAST CHAMPARAN. 45. SUBHAN MIAN, SON OF KHOBHARI MIAN, RESIDENT OF MOHALLA HANUMAN GARHI, MOTIHARI, POLICE STATION MOTIHARI TOWN, DIST- EAST CHAMPARAN. 46. RAM SURAT SAH SON OF SHIORAJ SAH, RESIDENT OF MOHALLA BHAWANIPUR ZIRAT, P.O. AND P.S. MOTIHARI, DISTRICT- EAST CHAMPARAN. ….. DEFENDANTS/RESPONDENTS/RESPONDENTS. 47. THE BIHAR STATE BOARD OF RELIGIOUS TRUST THROUGH ITS SPECIAL OFFICER, BIHAR STATE RELIGIOUS TRUST BOARD, VIDYAPATI MARG, PATNA-1. …. PLAINTIFFS/RESPONDENTS/RESPONDENTS. ----------- 4 05. 29.09.2010 Re: I.A. No. 589 of 2010. Having considered the averment made in the interlocutory application, delay in filing the instant civil review petition is condoned and the civil review petition is taken up for hearing with the consent of the parties. 2. I.A. No. 589 of 2010 is, accordingly, disposed of. 3. Civil Review petitioner is the plaintiff-respondent. It is submitted on his behalf that order dated 1.5.2009 passed in First Appeal No. 115 of 2003 whereunder judgment and decree dated 27.3.2003 passed in T.S. No. 71 of 1988/ 08 of 1992 was directed to be of no consequence for failure to substitute defendant No. 4, 45 suffers from the vice of the illegality as during the pendency of the suit, one of the heirs of defendant No.4 was already on record as defendant No.5. For failure to substitute the heirs of defendant No.45 judgment and decree dated 27.3.2003 is voidable at the instance of the heirs of 5 defendant No.45 who have not appeared in the appeal so far. This Court failed to notice the aforesaid aspect of the matter, while passing the order dated 1.5.2009. Having appreciated the submission, which is not factually incorrect and disputed by the counsel for the appellant. I recall the order dated 1.5.2009 passed in First Appeal no.115 of 2003 with direction that the said First Appeal should proceed in accordance with law. 4. The Civil Review application, is accordingly, disposed of. M.I. HAQUE. ( V. N. Sinha, J.)