IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1457 of 2007
RAJESHWARI PRASAD
Versus
JOGENDRA RAI & ORS
For the Petitioner: M/s H.P. Singh, R.N. Roy and
Yogendra Kumar, Advocates
For the O.P. : Mr. Kameshwar Pd. Singh, Advocate
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3 09.07.2010 It is fairly submitted on behalf of the petitioner that
the plaintiff had filed a petition contending therein that the
claim raised by plaintiff ought not be disposed of as counter
claim set up by the defendant and is fit to be decided in an
independent suit, thus, petition would be deemed to have been
filed under Order VIII Rule 6-C of the Code of Civil Procedure
(hereinafter to be referred to as “Code”) and not under Order
VII Rule 11 of the Code, under which the petition was filed.
In the above view of the matter, it has been
fairly submitted by learned counsel for the petitioner that the
impugned order is an interlocutory in nature and, thus, in view
of the law laid down by a Division Bench of this Court in the
cases of Durga Devi v. Vijay Kumar Poddar and
others and its analogous cases(2010(2) PLJR, 954) while
deciding the maintainability of the Civil Revision in group
of cases, this revision would not be maintainable.
Learned counsel for the petitioner seeks permission to
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convert this civil revision into a writ application under Article
227 of the Constitution of India.
Learned counsel for the otherside raises no objection.
Permission is accorded
Let the petitioner convert this civil revision into a
writ application under Article 227 of the Constitution of India
within two weeks, failing which it shall stand rejected without
further reference to a Bench.
SC ( Dr. Ravi Ranjan, J.)