Dinesh Kumar Singh, J.—Heard learned counsels for the appellant, respondent.

2. The present Miscellaneous Appeal is directed against the judgment and decree dated 16.3.2009 and 31.3.2009, respectively, passed by the learned Principal Judge, Family Court, Patna in Matrimonial Case No. 460 of 2007/59 of 2000, whereby the matrimonial suit filed by the appellant with a prayer for decree of divorce on dissolution of marriage between the appellant and the respondent on the ground of adultery and cruelty, has been dismissed with cost of Rs.5000/-.

3. It appears that the judgment and decree of the learned Principal Judge, Family Court was initially challenged in First Appeal No. 57 of 2009. The learned counsel for the appellant was permitted to convert the First Appeal into Miscellaneous Appeal vide order dated 1.7.2013 and consequently, it was numbered as Miscellaneous Appeal No. 525 of 2013. The Miscellaneous Appeal was dismissed by a bench of this Court vide order dated 13.5.2015 with a direction to make payment of 1/3rd pension of appellant husband to the respondent wife.

4. Subsequently, vide order dated 14.9.2015 passed in Civil Review No. 164 of 2015, the same bench recalled the judgme