Shashi Shekhar Singh v. Most. Dharmsheela Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.364 of 2025 ====================================================== Shashi Shekhar Singh Son of Late Uchhit Lal Rai, Resident of B.N.R. Training College Road Near Alkhiya Mandir Gulzarbagh under Alamganj Police Station, Town and District of Patna.

... ... Petitioner/s

Versus

1.

Most. Dharmsheela Devi Wife of Late Vijay Mahto @ Vijay Prasad, Resident of Mohalla- N.R. Road, Pathrighat, Police Station- Alamganj, District- Patna.

2.

Sumit Kumar, Son of Late Vijay Mahto @ Vijay Prasad. Resident of Mohalla- N.R. Road, Pathrighat, Police Station- Alamganj, District- Patna. 3.

Deepak Kumar, Son of Late Vijay Mahto @ Vijay Prasad, Resident of Mohalla- N.R. Road, Pathrighat, Police Station- Alamganj, District- Patna. 4.

Lucky Raj, Son of Late Vijay Mahto @ Vijay Prasad, Resident of MohallaN.R. Road, Pathrighat, Police Station- Alamganj, District- Patna. 5.

Kumar Samser, Son of Late Vijay Mahto @ Vijay Prasad, Resident of Mohalla- N.R. Road, Pathrighat, Police Station- Alamganj, District- Patna. 6.

Estate of Deceased Bibhuti Nath Sen, Son of Late Mathura Nath Sen, Resident of Mohalla- Pathri Ghat, Betia House Road, P.S.- Alamganj, District- Patna.

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

For the Petitioner/s :

Mr.Praveen Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-04-2025 The record taken up on mentioning being made on behalf of the petitioner.

2. Heard learned counsel for the petitioner.

3. The petitioner is aggrieved by the order dated 05.12.2024 passed by the learned District Judge-XIII, Patna in Revocation Case No. 2 of 2024 whereby and whereunder the application dated 19.06.2024 filed under Order 7 Rule 11 read

Patna High Court C.Misc. No.364 of 2025(2) dt.30-04-2025 2/2 with Section 151 of the Code of Civil Procedure (hereinafter referred to as 'the Code') has been rejected.

4. Apparently, against such order, civil revision would lie and the petitioner has wrongly approached this Court by filing civil miscellaneous petition.

5. At this stage, learned counsel for the petitioner seeks permission to convert the instant civil miscellaneous petition into civil revision petition under Section 115 of the Code.

6. Permission is accorded.

7. The learned counsel for the petitioner is directed to do so within four weeks.

8. Office is directed to extend all cooperation to the learned counsel for the petitioner towards this conversion. (Arun Kumar Jha, J) V.K.Pandey/- U