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19. In the present situation, the judgment and decree is not in nullity. It only requires formal order on the application of substitution petition. However, the petitioner No. 2, who is Patna High Court C.R. No.78 of 2019(12) dt.07-08-2023 one of the sons of defendant No. 5, has assailed the judgment on merit.

20. In view of the principles laid down by the Hon'ble Apex Court in the decision reported in AIR 1970 SC Page 1 (Para 6), this Court is exercising the revisional jurisdiction under Section 14 (8) which is a part of general appellate jurisdiction of the High Court as a Superior Court particularly when the tenant's only remedy against eviction decree in a suit tried through special procedure, is revision under Section 14(8) of BBC Act and this revision is practically the continuation of the original suit and, therefore, this Court possesses the same powers which the original Court possessed. Thus, even though the due to over site or accidental mistake an order could not be passed on the substitution application with respect to deceased tenant filed well within 90 days of the death, still this Court in exercise of its revisional powers as stated above, hereby allows the aforesaid substitution petition dated 17.04.2015, in the interest of justice and direct the Court below to make the necessary correction in the decree.