IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1177 of 2007
NAIMULLAH HAQUE
Versus
VIJAY KUMAR GUPTA
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4 24.09.2010 No one appears.
By the impugned order dated 10.04.2007 passed
in Eviction Suit No. 1 of 2003 the court below has refused
to review the order dated 17.08.2006, which was passed
under section 15 of the Bihar Building (Lease, Rent &
Control) Act, 1982 directing the defendant to deposit the
arrears of rent as well as the current rent at the rate of Rs.
660/- per month.
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).
2
However, the petitioner, if he so desires, would 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