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Patna High CourtC.Misc./1928/2018converted

Md. Haidar Imam @ Md. Haider v. Anil Pandit And ANR

2024-11-21Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1928 of 2018 ====================================================== Md. Haidar Imam @ Md. Haider ... ... Petitioner/s

Versus

Anil Pandit and Anr.

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

For the Petitioner/s :

Dr. Anjani Pd. Singh, Advocate For the Respondent/s :

Mr. Praveen Kumar Agrawal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-11-2024 The instant application has been filed for setting aside the order dated 25.10.20218 passed by learned Sub Judge, Khagaria in Title Suit No. 33 of2016 whereby and whereunder the application filed on behalf of the petitioner raising objections to the maintainability of the suit has been dismissed.

2. Such order is assailable under the provisions of Section 115 of the Code of Civil Procedure. Therefore, the present petition filed under Article 227 of the Constitution of India is not entertainable.

3. Faced with the situation, learned counsel for the petitioner seeks permission for converting the present petition into Civil Revision petition.

4. He is directed to convert the present petition into Civil Revision petition within four weeks.

5. Office is directed to extend all cooperation in

Patna High Court C.Misc. No.1928 of 2018(10) dt.21-11-2024 2/2 conversion of the petition into Civil Revision petition. (Arun Kumar Jha, J) anuradha/- U