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Dileep Kumar Jaiswal v. Jaidev Choudhary

Patna HC2 Jul 2025C.Misc./83/2025

Case brief

AI extract

What is this about?

Wrong-forum conversion order: rejection of Order 7 Rule 11 CPC application by Sub Judge-I, Saharsa in Title Suit No. 561 of 2021 is challengeable only by civil revision under Section 115 CPC, not by a civil miscellaneous petition; Patna High Court, C.Misc. No. 83 of 2025, decided 02-07-2025; Dileep Kumar Jaiswal v Jaidev Choudhary & Anr.; conversion into civil revision directed within three weeks.

What did the court decide?

Conversion of the civil miscellaneous petition into a civil revision petition under Section 115 of the Code within three weeks, with the Office directed to extend all cooperation towards the conversion. ¶15

Dileep Kumar Jaiswal Vs Jaidev Choudhary — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.83 of 2025

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Dileep Kumar Jaiswal

... ... Petitioner/s

Versus

Jaidev Choudhary & Anr.

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===============	====	... ... Respondent/s ===================================
Appearance : For the Petitioner/s For the Respondent/s ===============	: : ====	Mr. Rajeev Ranjan, Advocate Mr.Rajesh Mohan, Advocate Mr. ===================================
CORAM: HONOU	RABL	E MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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4 02-07-2025

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The record taken up on mentioning being made on

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behalf of the petitioner.

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Heard learned counsel for the petitioner.

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The petitioner is aggrieved by the order dated

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25.10.2024 passed by the learned Sub Judge-I, Saharsa in Title Suit No. 561 of 2021 whereby and whereunder the learned trial court rejected the application filed by the petitioner under Order 7 Rule 11 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’).

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