Baleshwar Singh v. Most. Bimla Kunwar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.918 of 2019 ====================================================== Baleshwar Singh Son of Ranjan Singh (deceased) Resident of VillageGaniyari, P.S.- Desari, District- Vaishali. ... ... Petitioner/s

Versus

1.

Most. Bimla Kunwar Wife of Late Ramchandra Singh Resident of VillageGaniyari, P.S.- Desari, District- Vaishali. 2.

Birendra Singh Son of Late Ram Chandra Singh Resident of VillageGaniyari, P.S.- Desari, District- Vaishali. 3.

Dilip Singh Son of Late Ram Chandra Singh Resident of Village- Ganiyari, P.S.- Desari, District- Vaishali.

4.

Pratima Devi Daughter of Late Ram Chandra Singh Resident of VillageGaniyari, P.S.- Desari, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar Singh Tarun, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-05-2024 The matter has been listed on mentioning being made on behalf of the petitioner.

2. Learned counsel for the petitioner submits that under some impression the instant Civil Miscellaneous has been filed against an order by which the probate case filed by the petitioner has been dismissed by the learned trial court on the point of limitation. Learned counsel seeks permission to convert the present petition into an appeal.

3. Learned counsel for the petitioner is permitted to convert the present petition into an appeal by 17.05.2024, failing

Patna High Court C.Misc. No.918 of 2019(3) dt.07-05-2024 2/2 which the petition will be dismissed.

4. It goes without saying the petitioner is entitled for benefit of Section 14 of the Limitation Act so far as permissible. (Arun Kumar Jha, J) DKS/- U