IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.2101 of 2007
SURENDRA PD.SAH @ SURENDRA SAH
Versus
BHUVANAND BHATTARCHARYA
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4 29.10.2010 No one appears on behalf of the petitioner. Mr.
Sanjay Kumar Srivastava, Advocate appears on behalf of
opposite party.
On 29.3.2010, 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 20.08.2007 passed by Munsif II, Ara, in
Eviction Suit No. 10 of 2006 whereby the application
filed by plainitiff-oppsite party under Section 15 of Bihar
Building(Lease, Rent and Eviction) Control Act, 1982
has been allowed..
In the opinion of this court, the order impugned
being interlocutory in nature, this civil revision would
2
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 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.)