Patna High Court - Orders
Lilawati Devi vs Ranpati Devi & Ors on 9 July, 2010
Author: Ravi Ranjan
Bench: Ravi Ranjan
IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.2334 of 2007
LILAWATI DEVI
Versus
RANPATI DEVI & ORS
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6 09.07.2010It is submitted on behalf of the petitioner that by the impugned order concerned suit has been withdrawn under Order XXIII Rule 1A of the Code of Civil Procedure. However, by the same order a petition filed on behalf of the defendant - petitioner to allow him to be transposed as plaintiff was also dismissed.
Learned counsel submits that had the impugned order been passed in favour of the petitioner then the suit would not have been allowed to be withdrawn and the same should have continued to be decided on merit.
In view of that it is submitted that this civil revision would not be maintainable and seek permission to convert this civil revision into a writ petition 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 2 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) while deciding the maintainability of the Civil Revision in group of cases, this civil revision would not be maintainable.
In above view of matter, let the petitioner convert this civil revision into a writ application under Article 227 of the Constitution of India within two weeks, failing which it shall stand rejected without further reference to a Bench.
(Dr. Ravi Ranjan, J.) Spd/-