IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1045 of 2007
MD.JAMEEL AHMAD KHAN
Versus
MD.NOOR KHAN & ORS
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3. 23.9.2010. No one appears on behalf of the petitioner.
This Civil Revision is directed against the order dated
24.4.2007 passed by Munsif-I, Vaishali at Hajipur, in Title
Suit No.134 of 1995, whereby the prayer made on behalf of
the plaintiff-petitioner for admitting the document, i.e., “Patta”
dated 21.11.1913 as evidence has been refused.
In the opinion of this Court, the impugned order
being interlocutory in nature, this Civil Revision would not be
maintainable in view of the law laid down by the Apex Court
in Shiv Shakti Coop. Housing Society, Nagpur Vs. Swaraj
Developers and others, reported in (2003)6 Supreme Court
Cases 659 and Surya Dev Rai Vs. Ram Chander Rai and
others, reported in (2003)6 Supreme Court Cases 675 as
well as by a Division Bench of this Court in Durga Devi Vs.
Vijay Kumar Poddar, reported in 2010(2) PLJR 954.
However, the petitioner, if so desires, is permitted to
convert this Civil Revision into a writ petition under Article
227 of the Constitution of India within four weeks, failing
2
which this Civil Revision shall stand rejected as not
maintainable without further reference to a Bench.
( Dr. Ravi Ranjan, J)
P.S.