Smt. Reeta Devi And ORS v. Smt. Nibha Devi @ Girijesh Kumari

Patna High Court CWJC No.9805 of 2015 (2) dt.12-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9805 of 2015 ====================================================== Smt. Reeta Devi & Ors .... .... Petitioner/s

Versus

Smt. Nibha Devi @ Girijesh Kumari .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Baidya Nath Thakur For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 12-04-2016 At the instance of the petitioners, this application has been listed under the heading to be mentioned. The learned counsel, Mr. Baidya Nath Thakur appearing on behalf of the petitioners submitted that due to inadvertence, the petitioners have filed this application under Article 227 of the Constitution of India instead of filing First Appeal against the order dated 02.05.2015 whereby the plaint of the petitioners has been rejected under Order VII Rule 11(d) C.P.C. which is a deemed decree as provided under Section 2(2) C.P.C. Therefore, he prayed that he may be permitted to convert this writ application to regular First Appeal. The learned counsel appearing on behalf of the respondent has got no objection.

In view of the above factual aspect of the matter and in view of the submission, the petitioners are permitted to convert

Patna High Court CWJC No.9805 of 2015 (2) dt.12-04-2016 this writ application to First Appeal within three weeks failing which this writ application shall stand dismissed without further reference to a Bench as not maintainable.

(Mungeshwar Sahoo, J) Saurabh/- U