IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1712 of 2007
RAM CHANDAR BIND
Versus
PAWAN KUMAR SINGHANIA & ORS
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3 28.10.2010 No one appears on behalf of the petitioner.
On 8.3.2010, 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.
This Civil Revision is directed against the
order dated 6.6.2007 passed by Sub Judge II, Munger
accepting the report of the Saristedar dated 12.9.2006
on the point of court-fee and directing the plaintiff to
deposit the deficit court-fee amount.
In the opinion of this court, the order impugned
being interlocutory in nature, this civil revision 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
2
((2003)6 Supreme Court Cases 659) and Surya Dev
Rai Vs. Ram 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 petitioner, if so desires, would be
at liberty to convert this Civil Revision into a writ
petition under Article 227 of the Constitution of India
within six weeks, failing which this Civil Revision shall
stand rejected as not maintainable without further
reference to a Bench.
Sanjay-II ( Dr. Ravi Ranjan, J.)