High Court Patna High Court - Orders

Md.Jameel Ahmad Khan vs Md.Noor Khan &Amp; Ors on 23 September, 2010

Patna High Court – Orders
Md.Jameel Ahmad Khan vs Md.Noor Khan &Amp; Ors on 23 September, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 C.R. No.1045 of 2007
                             MD.JAMEEL AHMAD KHAN
                                          Versus
                               MD.NOOR KHAN & ORS
                                        -----------

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.