High Court Patna High Court - Orders

Rajeshwari Prasad vs Jogendra Rai &Amp; Ors on 9 July, 2010

Patna High Court – Orders
Rajeshwari Prasad vs Jogendra Rai &Amp; Ors on 9 July, 2010
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   C.R. No.1457 of 2007
                                 RAJESHWARI PRASAD
                                            Versus
                                 JOGENDRA RAI & ORS
                   For the Petitioner: M/s H.P. Singh, R.N. Roy and
                                              Yogendra Kumar, Advocates
                   For the O.P. :      Mr. Kameshwar Pd. Singh, Advocate
                                          -----------

3 09.07.2010 It is fairly submitted on behalf of the petitioner that

the plaintiff had filed a petition contending therein that the

claim raised by plaintiff ought not be disposed of as counter

claim set up by the defendant and is fit to be decided in an

independent suit, thus, petition would be deemed to have been

filed under Order VIII Rule 6-C of the Code of Civil Procedure

(hereinafter to be referred to as “Code”) and not under Order

VII Rule 11 of the Code, under which the petition was filed.

In the above view of the matter, it has been

fairly submitted by learned counsel for the petitioner that the

impugned order is an interlocutory in nature and, thus, in view

of the law laid down 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) while

deciding the maintainability of the Civil Revision in group

of cases, this revision would not be maintainable.

Learned counsel for the petitioner seeks permission to
2

convert this civil revision into a writ application under Article

227 of the Constitution of India.

Learned counsel for the otherside raises no objection.

Permission is accorded

Let the petitioner convert this civil revision into a

writ application under Article 227 of the Constitution of India

within two weeks, failing which it shall stand rejected without

further reference to a Bench.

SC                         ( Dr. Ravi Ranjan, J.)