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Patna High CourtC.Misc./1029/2023converted

Poonam Sinha v. Ragini Kumari

2024-11-28Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1029 of 2023 ====================================================== Poonam Sinha Wife of Kumar Ravi Shankar Resident of Aamgola, Parao Pokhar, Lane No.- 2, Ward No.- 34, P.S.- Kazimahmmadpur, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

Ragini Kumari Wife of Late Swaraj Kumar Resident of Srinagar Road, Janta Chowk, P.S.- K. Hat, District- Purnia.

2.

Aniket Raj, Son of Late Swaraj Kumar Resident of Srinagar Road, Janta Chowk, P.S.- K. Hat, District- Purnia.

3.

Dipak Kumar, Son of Late Hira Prasad Singh Resident of Srinagar Road, Janta Chowk, P.S.- K. Hat, District- Purnia.

4.

Anita Singh, Daughter of Late Hira Prasad Singh Resident of Srinagar Road, Janta Chowk, P.S.- K. Hat, District- Purnia.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parth Gaurav, Advocate Mr. Ashutosh Kumar Pandey, Advocate Mr. Rahul Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-11-2024 The record has been taken up on mentioning being made on behalf of the petitioner.

2. Learned counsel for the petitioner submits that inadvertently civil miscellaneous under Article 227 of the Constitution of India has been filed against the impugned order dated 13.07.2023 passed by learned Subordinate Judge-III, Purnea rejecting the application filed under Section 151 of the Code of Civil Procedure with regard to maintainability of the suit pending before it and against such order civil revision is

Patna High Court C.Misc. No.1029 of 2023(2) dt.28-11-2024 2/2 maintainable. Learned counsel seeks permission to convert the present petition into civil revision petition.

3. Permission is granted.

4. Learned counsel for the petitioner is directed to convert the present petition into civil revision petition within four weeks.

5. Office is directed to extend all cooperation towards conversion.

(Arun Kumar Jha, J) DKS/- U