IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1331 of 2007
BRAHAM DEO PRASAD & ORS
Versus
BALDEO PRASAD
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3 30.09.2010 No one appears on behalf of the petitioners.
Mr. Sanjay Kumar, learned counsel, appears for opposite
party.
This Civil Revision is directed against the
order dated 20.4.2007 passed by Munsif, Hilsa, in Title
Suit No. 30/1994, whereby he has allowed the
application dated 12.4.2007 filed on behalf of the
defendant – opposite party for marking a document as
exhibit.
In the opinion of this Court, this Civil Revision
having been filed against the aforesaid order, which is
interlocutory in nature, 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
2
Court in Durga Devi Vs. Vijay Kumar Poddar,
reported in 2010(2) PLJR 954.
However, the petitioners, if they so desire,
would be at liberty to convert this Civil Revision into a
writ petition under Article 227 of the Constitution of
India within two week after Durga Puja Holidays, failing
which this Civil Revision shall stand rejected as not
maintainable without further reference to a Bench.
Spd/- ( Dr. Ravi Ranjan, J.)