Petition challenged rejection of an Order VII Rule 11(d) application in a title suit. The court observed a Section 115 CPC revision, not this miscellaneous petition, was the proper remedy. Counsel sought permission to convert the petition into a revision; conversion steps directed within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.118 of 2020
======================================================
Ram Dayal Singh
... ... Petitioner/s
Versus
Saheb Singh & Ors.
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the Respondent/s : Mr. Parth Gaurav, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
8 11-03-2024
Heard learned counsel for the petitioner as well as
learned counsel for the respondents.
order dated 06.12.2019 passed by the court of learned Sub Judge-VI, Kaimur in Title Suit No. 676 of 2016 whereby and whereunder the petition filed on behalf of the petitioner under Order VII Rule 11 (d) of the Code of Civil Procedure (hereinafter ‘the Code’) read with Section 4 (B) of the Bihar Consolidation Act has been rejected.
Patna High Court C.Misc. No.118 of 2020(8) dt.11-03-2024 2/2
petition under Section 115 of the Code.
take steps towards conversion of the petition within four weeks.
(Arun Kumar Jha, J)
balmukund/-
U
1 issue framed by the court
Whether a civil miscellaneous petition was the proper forum to challenge rejection of an Order VII Rule 11(d) petition, given that a Section 115 CPC revision is maintainable.
3 provisions across 2 enactments
Ram Dayal Singh
Saheb Singh
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
