Ram Dayal Singh v. Saheb Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.118 of 2020 ====================================================== Ram Dayal Singh ... ... Petitioner/s

Versus

Saheb Singh & Ors.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Viveka Nand Singh, Advocate For the Respondent/s :

Mr. Parth Gaurav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. In the instant petition, petitioner has challenged the order dated 06.12.2019 passed by the court of learned Sub Judge-VI, Kaimur in Title Suit No. 676 of 2016 whereby and whereunder the petition filed on behalf of the petitioner under Order VII Rule 11 (d) of the Code of Civil Procedure (hereinafter 'the Code') read with Section 4 (B) of the Bihar Consolidation Act has been rejected.

3. Apparently, if the petition of the petitioner were allowed by the learned Sub-Judge, that would have been the end of the matter. Against such order, a revision petition under Section 115 of the Code is maintainable. So the petitioner has chosen a wrong forum to agitate the issue.

4. Faced with the situation, learned counsel for the petitioner seeks permission to convert the present petition to a

Patna High Court C.Misc. No.118 of 2020(8) dt.11-03-2024 2/2 petition under Section 115 of the Code.

5. Learned counsel for the petitioner is directed to take steps towards conversion of the petition within four weeks. (Arun Kumar Jha, J) balmukund/- U