Bhushan Prasad v. Sita Devi And ANR

Patna High Court FA No.79 of 2017 (2) dt.18-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.79 of 2017 ====================================================== Bhushan Prasad .... .... Appellant/s

Versus

Sita Devi & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Amar Nath Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18.10.2017 Stamp reporter has opined that the present appeal is not maintainable because the present appeal has been filed against the order dated 19.1.2017 by which the court below rejected counter claim filed on behalf of the appellant. However, in course of submissions, learned counsel for the appellant seeks permission to convert this first appeal into civil miscellaneous under Article 227 of the Constitution of India with liberty to file additional pleadings. Permission to convert this first appeal into civil miscellaneous under Article 227 of the Constitution of India is granted and accordingly, appellant may make necessary corrections in the memo of appeal and also file additional pleadings within three weeks after Chhath Holidays.

Patna High Court FA No.79 of 2017 (2) dt.18-10-2017 After conversion and filing additional pleadings, office shall submit a fresh report. Shahid (Hemant Kumar Srivastava, J) U