IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1135 of 2007
MOST.DAIJEE CHOUDHARAIN
Versus
RAM KALI DEVI @ RAM KALA DEVI
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3 24.09.2010 No one appears.
This civil revision has been directed against that
part of order dated 16.05.2007 passed by the Civil Judge,
Junior Division I, Samastipur, in Title Suit No.
53/1999/65/2003, whereby the court below has refused to
examine Shri Lala Raghav Prasad, the Survey Knowing
Pleader Commissioner as a witness.
The order impugned being interlocutory in nature,
in the opinion of this Court, this civil revision would not
be maintainable 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).
However, the petitioner, if she so desires, would
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be at liberty to convert this civil revision into a writ
petition under Article 227 of the Constitution of India
within four weeks, failing which, this civil revision shall
stand rejected as not maintainable without further
reference to a Bench.
( Dr. Ravi Ranjan, J.)
SC