Shyam Narain Singh v. Mrigendra Singh And ORS

Patna High Court CWJC No.320 of 2016 (2) dt.17-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.320 of 2016 ====================================================== Shyam Narain Singh .... .... Petitioner/s

Versus

Mrigendra Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhakar Nath Rai For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-05-2016 After some argument, the learned counsel, Mr. Nagendra Rai for the petitioner submitted that in fact, in view of the judgment of the Supreme Court (2004) 9 Supreme Court Cases 512, the order is preliminary judgment, therefore, it is revisable under the Code. Accordingly, the learned counsel submitted that he may be permitted to convert this writ application to a regular civil revision application under the Code of Civil Procedure within two weeks after Summer Vacation.

Prayer is allowed. The petitioner is permitted to convert this writ application to a civil revision application within two weeks after Summer Vacation failing which this writ application shall stand dismissed as not maintainable.

(Mungeshwar Sahoo, J) Saurabh/- U