Bhagwan Prasad And ORS v. Smt. Nirmala Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1295 of 2017 ====================================================== Bhagwan Prasad and Ors.

... ... Petitioner/s

Versus

Smt. Nirmala Devi and Ors.

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-04-2024 The instant application has been filed under Article 227 of the Constitution of India against the order dated 12th June 2017, passed by learned Sub-Judge-1st, Danapur, Patna in Title Suit No. 353 of 2014, whereby and whereunder the petition filed by the petitioners under Order VII Rule 11 (a & d) read with section 11 of the Code of Civil Procedure for rejecting the plaint filed by the plaintiff/respondent no. 1 has been rejected.

02. Apparently, if the petition of the petitioner was allowed, the petition before the learned trial court would have come to an end. Against such order, a revision under section 115 of the Code of Civil Procedure is maintainable.

03. Facing this situation, the learned counsel appearing on behalf of the petitioners seeks permission to convert the present Civil Misc. petition into Civil Revision petition.

Patna High Court C.Misc. No.1295 of 2017(5) dt.23-04-2024 2/2

04. Permission is accorded.

05. Learned counsel appearing on behalf of the petitioners is directed to convert the instant petition into Civil Revision petition within four weeks and the office is directed to extend all help to the learned counsel for the petitioners. (Arun Kumar Jha, J) anuradha/- U