Petitioners admitted the petition was mistakenly filed under Article 227 instead of a Section 115 CPC revision. The court permitted conversion of the petition into a civil revision within two weeks and directed office cooperation.
Permission to convert Article 227 civil miscellaneous petition into a Section 115 CPC civil revision within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1110 of 2023
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... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Awadhesh Kumar, Advocate Mr. Shashi Kant Amar, Advocate For the Housing Board : Mr.Pawan Kumar, Advocate Ms. Pratibha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
The learned counsel for the petitioners fairly submits that inadvertently the petitioners have filed the instant petition under Article 227 of the Constitution of India, whereas a civil revision under Section 115 of the Code of Civil Procedure would lie against the impugned order. Hence, learned counsel for the petitioners seeks permission to convert the instant civil miscellaneous petition into a civil revision petition.
Patna High Court C.Misc. No.1110 of 2023(2) dt.30-07-2024 2/2
a civil revision petition within two weeks.
learned counsel for the petitioners towards this conversion.
(Arun Kumar Jha, J)
V.K.Pandey/-
U
1 issue framed by the court
Whether the civil miscellaneous petition filed under Article 227 could be converted into a civil revision under Section 115 CPC.
2 provisions across 2 enactments
Atul Priyadarshi
Radhey Shyam Bihari Singh
Sri Binod Sinha
Birendra Tiwari
The Bihar State Housing Board, Patna, Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
