Smt. Neelam Devi v. Haresh Prasad Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVISION No.222 of 2017 ====================================================== Smt. Neelam Devi wife of Shri Kamlesh Prasad Singh, Resident of VillageKhaira, Police Station- Bahadurpur, District- Darbhanga. ... ... Petitioner/s

Versus

1.

Haresh Prasad Singh 2.

Dinesh Prasad Singh Sl.No. 1 and 2 are sons of Late Laxmi Narayan Singh, Resident of VillageKhaira, Police Station- Bahadurpur, District- Darbhanga. 3.

Suresh Prasad Singh.

4.

Kamlesh Prasad Singh, Sl.No. 3 and 4 are sons of Late Laxmi Narayan Singh, Resident of VillageKhaira, Police Station- Bahadurpur, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-01-2020 This application has been filed under Section 115 of the Code of Civil Procedure against an order dated 04.08.2017, passed by the learned District Judge, Darbhanga in Misc. Appeal No. 08 of 2017, whereby he has set aside an order dated 12.04.2017, passed by the learned Sub-Judge-IV, Darbhanga in Title Suit No. 146 of 2015 on a petition under order 39 Rule 2 of the CPC.

It has been rightly pointed out by the office that this Civil Revision application under Section 115 of the CPC cannot be entertained and the petitioner's remedy lies under Article 227

Patna High Court C.R. No.222 of 2017(2) dt.06-01-2020 2/2 of the Constitution of India by filing civil miscellaneous application.

This application is accordingly dismissed as not maintainable.

(Chakradhari Sharan Singh, J) Rajesh/- U T