IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.177 of 2010
MEENA DEVI
Versus
PRABHUDAYAL & ANR.
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3 03.09.2010 No one appears.
This case has come under the heading for
admission at the instance of the petitioner with a prayer for
converting the Civil Revision into a writ petition.
However, the case is called out and none has appeared.
This civil revision is directed against the order
dated 24.11.2009, whereby the court below rejected the
prayer of the defendant no. 2-petitioner for recall of the
witnesses.
In view of the law laid down by the Apex Court
in the cases of Shiv Shakti Coop. Housing Society,
Nagpur v. Swaraj Developers and others ((2003) 6
Supreme Court Cases, 659) and Surya Dev Rai v. Ram
Chander Rai and others ((2003) 6 SCC, 675) as well as
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), this civil revision
having been filed against an interlocutory order would not
2
be maintainable.
In the above view of the matter, the petitioner, if
she so desires, is permitted to convert this civil revision
into a writ application under Article 227 of the
Constitution of India within three weeks.
( Dr. Ravi Ranjan, J.)
SC