Patna High Court - Orders
Bal Manohar Jalan & Anr vs Dr.Braj Nandan Sahay & Ors on 30 September, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1795 of 2007
BAL MANOHAR JALAN & ANR
Versus
DR.BRAJ NANDAN SAHAY & ORS
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9 30.09.2010No one appears on behalf of the petitioners.
Mr. Uday Kumar Mishra, learned counsel, appears for the opposite party no. 1.
This civil revision is directed against the order dated 13.06.2007 passed by the Sub Judge IV, Patna in Title Suit No. 273/96, whereby the petition filed by the petitioners for appointment of Survey Knowing Advocate Commissioner has been rejected.
In the opinion of this Court, the aforesaid order being interlocutory in nature this civil revision would not be maintainable in view of the law laid down by the Apex Court in the cases of Shiv Shakti Coop. Housing Society, Nagpur v. Swaraj Developers and others ((2003) 6 Supreme Court Cases, 659) and Surya Dev Rai v. Ram Chander Rai and others ((2003) 6 SCC,
675) as well as by a Division Bench of this Court in the cases of Durga Devi v. Vijay Kumar Poddar and others and its analogous cases(2010(2) PLJR 954). 2 However, the petitioners, if they so desire, would be at liberty to convert this civil revision into a writ application under Article 227 of the Constitution of India within two weeks after Durga Puja holidays, failing which, it shall stand rejected as not maintainable without further reference to a Bench.
SC ( Dr. Ravi Ranjan, J.)