Vijay Krishna Gupta &Amp; Ors. vs Prabhat Kumar @ Kumar Prabhat on 1 July, 2010

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                             MA No.498 of 2010
                        VIJAY KRISHNA GUPTA & ORS.
                                   Versus
                 PRABHAT KUMAR @ KUMAR PRABHAT & ORS
                                 -----------

02. 01.07.2010. The office has pointed out by the note dated

21.05.2010 that the Misc. Appeal is not maintainable

because the order under Appeal has been passed

rejecting an application under Order 16 Rule 1, 3, 11

and Section 151 C.P.C. According to the office, Civil

Revision is maintainable under Section 115 C.P.C.

However, after some argument, the learned

counsel seeks permission to convert this Misc. Appeal to

a writ application. According to him, Civil Revision

application also not maintainable. Without going to the

merits of the submission of the learned counsel for the

appellant, his prayer is allowed and at his own risk, he

is permitted to convert this Misc. Appeal to a Writ

Application.

Sanjeev/-                                         (Mungeshwar Sahoo,J.)