Rakesh Narayan Singh v. Sanjeev Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.988 of 2023 ====================================================== Rakesh Narayan Singh Son of Late Kamal Deo Narayan Singh Resident of Village and P.O. and P.S.- Parbatta, District- Khagaria. ... ... Petitioner/s

Versus

1.

Sanjeev Kumar S/o Mithilesh Pd. Singh Resident of Village- Dumaria, P.S.- Parbatta, District- Khagaria.

2.

Rajeev Kumar, S/o Late Mithilesh Pd. Singh Resident of Village- Dumaria, P.S.- Parbatta, District- Khagaria.

3.

Suman Kumar Singh, S/o Late Umesh Pd. Singh Resident of VillageDumaria, P.S.- Parbatta, District- Khagaria. 4.

Abhay Kumar Singh, S/o Late Vivekanand Singh Resident of VillageDumaria, P.S.- Parbatta, District- Khagaria. 5.

Kanhaiya Singh, S/o late Raman Kumar Singh Resident of VillageDumaria, P.S.- Parbatta, District- Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Narayansingh, Advocate For the Respondent/s :

Mr. Rajesh Kumar, Advocate Mr. Sudarshan Kumar, Advocate Mr. Praveen Kumar, Advocate Mr. Rohit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-07-2024 The present petition has been filed under Article 227 of the Constitution of India against the order dated 20.09.2023 passed by the learned Sub Judge-I, Gogri in Title Suit No. 36 of 2021 whereby and whereunder the learned trial court dismissed the petition of the petitioner filed under Order-7 Rule-11 of the Code of Civil Procedure, 1908 (for short 'the Code').

02. If the petition of the petitioner before the learned trial court filed under Order 7 Rule 11 of the Code would have

Patna High Court C.Misc. No.988 of 2023(6) dt.25-07-2024 2/2 been allowed, it would result in the end of the matter before the learned trial court and hence, against such order, revision application under Section 115 of the Code is maintainable.

03. Faced with the situation, learned counsel appearing on behalf of the petitioner seeks permission to convert the instant civil miscellaneous application into civil revision application under Section 115 of the Code.

04. As prayed, he is permitted to do so within four weeks.

05. The office is directed to extend all co-operation to the learned counsel for the petitioner towards conversion. (Arun Kumar Jha, J) Ashish/- U