====================================================== Bibi Bijloo & Ors .... .... Petitioner/s Versus Bibi Aaisa & Ors .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Najib Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 15 22-01-2013 This civil revision application is directed against the order dated 18.2.2008 passed by the learned 1st Additional District Judge, Araria in Title Appeal No.02 of 2007, whereby the learned lower appellate court below has been pleased to reject the application filed by the petitioners under Order 22 rule 4 of the Code of Civil Procedure for setting aside the abatement and for deleting the name of opposite party no.9, Most Khairun Nisha who is stated have been deceased during the pendency of the suit itself. Mr. Najib Ahmad, learned counsel appearing for the petitioners considering the nature of relief prayed for and in view of the judicial pronouncement in the case of Durga Devi Vs. Vijay Kumar Poddar reported in 2010(2) P.L.J.R. 954 seeks permission to convert this civil revision application into an application under Article 227 of the Constitution of India. He is permitted to do so within a period of two weeks from today.
