IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2190 of 2008 MD. AFTAB ALAM Versus SRI MAHENDRA SINGH ----------- 4 23.09.2010 Heard learned counsel for the petitioner and perused the office note. Office has pointed out that since the petition for setting aside the ex parte decree under Order IX Rule 13 of the Code of Civil Procedure (hereinafter to be referred to as “Code”) has been dismissed by the impugned order, a Miscellaneous Appeal under Order XLIII Rule 1(d) of the Code would be maintainable in place of Civil Revision. Learned counsel does not contest the stamp report and submits that the suit was filed for specific performance of contract and as such, the decree passed in the suit was also appealable. Therefore, since the decree was ex parte and a petition was filed under Order IX Rule 13 of the Code for setting the ex parte decree, and that having been dismissed the remedy for challenging the impugned order would be by preferring a Miscellaneous Appeal under Order XLIII Rule 1(d) of the Code. Hence, learned counsel for the petitioner seeks permission to 2 convert this civil revision into a miscellaneous appeal as the suit and the application both are valued at Rs. 80,0000/- (Rupees eight lacs). Permission is accorded. Learned counsel for the petitioner is permitted to convert this Civil Revision into a Miscellaneous Appeal within three weeks, failing which, this civil revision shall stand dismissed as not maintainable without further reference to a Bench. SC ( Dr. Ravi Ranjan, J.)