IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1543 of 2007
BISHESHWAR NATH GIRI @ BISHESH
Versus
NATH BHAGWAN NATH & ORS
-----------
3 04.11.2010 No one appears on behalf of the petitioner.
On 25.02.2010, when this matter was listed, an
order had been passed directing this matter to be listed
after decision of the Division Bench in C.R. Nos. 1067
of 2009 and other referred cases on point of
maintainability of the civil revisions. That decision
having been delivered by the Division Bench, now this
case has again been put up.
This Civil Revision is directed against the
order dated 05.05.2007 passed by Munsif II, Buxar,
whereby he has rejected the petition filed by the
petitioner under Order I Rule 10 of the Code of Civil
Procedure for impleading him as party in the suit.
In the opinion of this court, the order impugned
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
2
((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, would
be at liberty to convert this Civil Revision into a writ
petition under Article 227 of the Constitution of India
within six weeks, failing which this Civil Revision shall
stand rejected as not maintainable without further
reference to a Bench.
SC ( Dr. Ravi Ranjan, J.)