IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.2043 of 2006
SCHIDANAND PRASAD
Versus
CHIEF LPG MANAGER ,INDIAN OIL AND ANOTHER
----------
14. 1.10.2010. It is submitted on behalf of the petitioner that 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 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, this Civil
Revision would not be maintainable. Thus, learned counsel
seeks permission to convert this Civil Revision into a Writ
Petition under Article 227 of the Constitution of India.
Learned counsel appearing for the other sides
submitted that he is also of the view that this Civil Revision
would not be maintainable in view of the nature of the order
as the same is in the teeth of proviso to Section 115 of the
Code of Civil Procedure and the law laid down in the
aforesaid cases.
Leave is granted.
-2-
Let the petitioner convert this Civil Revision into a
Writ Petition under Article 227 of the Constitution of India
within two weeks after Durga Puja Holidays, failing which
this Civil Revision shall stand rejected as not maintainable
without further reference to a Bench.
(Dr. Ravi Ranjan,J)
P.S.