1. Heard learned counsel for the petitioners and Mr. Jitendra Kishore Varma, Amicus Curiae, on the point of maintainability of the civil revision.

2. Office, in its revised stamp report, has submitted that in view of the law laid down in the case of Sachida Nand Yadav & ors. V/s. Dinesh Yadav & ors. (1991 BBCJ, 511), Miscellaneous Appeal would be proper remedy against the impugned order as per the provisions contained in Order XLIII Rule 1(k) of the Code of Civil Procedure (hereinafter to be referred to as "Code").

Learned counsel for the petitioners does not contest the stamp report.

3. Mr. Varma has placed reliance upon decisions of this Court rendered Ram Kumar Agarwala and another V/s. Buxar Oil and Rice Mills Ltd. (1970 BLJR, 530) and Sachida Nand Yadav & Ors. V/s. Dinesh Yadav & ors. (1991 BBCJ, 511) to impress upon this Court that proper remedy against rejection of a prayer for setting aside the abatement would be preferring an appeal under Order XLIII Rule 1(k) of the Code. In the present case, the substitution petition has been filed for substituting the legal representatives of the deceased defendant no. 2, namely, Daso Singh, along with a petition under section