IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1769 of 2007
RAGHUNATH MAHATO & ORS
Versus
RAMLOCHAN BHAGAT @ RAM LAKSHMAN BHAGAT & ORS
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3 01.10.2010 No one appears on behalf of the petitioners.
On 11.3.2010, when this matter was listed, an
order had been passed directing this matter to be listed
after decision of the Division Bench in C.R. Nos. 1067
of 2009 and other referred cases on point of
maintainability of the civil revisions. That decision
having been delivered by the Division Bench, now this
case has again been put up.
In the opinion of this Court, this Civil Revision,
having been filed against the order dated 15.6.2007
passed in Money Suit No. 1 of 2003 by the Munsif
Sadar, Sitamarhi refusing to accept additional counter
statement on behalf of petitioners, 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
2
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 petitioners, if so desire, would be
at liberty to convert this Civil Revision into a writ
petition under Article 227 of the Constitution of India
within three weeks 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.)