IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.960 of 2007 NAJBUN NISA @ NAJMUL NISA Versus MASROOL ALAM ----------- 13 29.09.2010 It is submitted on behalf of the petitioner that by the impugned order a petition filed under Order XXI Rule 97 of the Code of Civil Procedure has been refused to be admitted. Thus, it is stated that in case the order having been passed in favour of the petitioner, at best the case would have proceeded to be decided after being admitted. The lis between the parties could not have been finally decided even in that event. It is contended that in view of the provisions under the proviso to Section 115(1) of the Code of Civil Procedure and as per 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 Dev Rai v. Ram Chander Rai and others ((2003) 6 SCC, 675) as well as by a Division Bench of this Court in Durga Devi v. Vijay Kumar Poddar and others and its analogous cases (2010(2) PLJR 954) while deciding the 2 maintainability of the Civil Revision in group of cases, this civil revision would not be maintainable. Learned counsel for the petitioner, therefore, seeks permission to convert this civil revision into a writ application under Article 227 of the Constitution of India. Learned counsel appearing for the opposite party submitted that though on merit this case is fit to be rejected, however, on the point of maintainability and conversion, he also fully agrees with the petitioner and does not raise any objection. Permission is accorded Let the petitioner convert this civil revision into a writ application under Article 227 of the Constitution of India within one week after Durga Puja Holidays, failing which this civil revision shall stand rejected as not maintainable without further reference to a Bench. Spd/- (Dr. Ravi Ranjan, J.)