IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1426 of 2006 SANJEEV KUMAR SINGH son of late Bhudeshwar Prasad Singh, resident of village Dhankar, P.S. Sabour, District Bhagalpur…. Applicant/Petitioner Versus SMT. RENU DEVI wife of Sanjeev Kumar Singh and daughter of Nand Keshav Prasad Singh, resident of mohalla Indra Prastha Colony, P.S. Ishakchak District Bhagalpur… …Opposite Party/Opposite Party For the Petitioner: Mr. Ganpati Trivedi,Advocate For the Opp. Party: Mr. Ajay Kumar Jha, Advocate ----------- 16 09.11.2009 Learned counsel for the opposite party raises the question of maintainability of this civil revision. It is submitted on behalf of the opposite party that the impugned order having been passed by the Principal Judge, Family Court, Bhagalpur, refusing to restore Matrimonial Case No. 50 of 2003 was not an interlocutory order, rather final order, thus, in view of the provisions as contained in Section 19 of the Family Courts Act, 1984(hereinafter to be referred to as “Act”) Miscellaneous Appeal should have been filed. It is submitted on behalf of the petitioner that initially Miscellaneous Appeal was filed, however, upon the objection of the Stamp Reporter, the same was converted into a Civil Revision. However, it is a common ground that in view of 2 the provisions as contained in Section 19 of the Act, Miscellaneous Appeal would be maintainable in this case. Both of the parties have placed reliance upon a Full Bench decision of this Court in the case of Sunita Kumari v. Prem Kumar, as reported in 2009(3) Patna Law Journal Reports, 990 and it is submitted that in the aforesaid case order setting aside ex parte decree was challenged and it had been held that Miscellaneous Appeal would be maintainable. In view of the fact that earlier, Miscellaneous Appeal was filed by the petitioner, learned counsel for the petitioner seeks permission to convert this Civil Revision again into Miscellaneous Appeal. Learned counsel for the opposite party raises no objection. Permission is accorded. The petitioner is permitted to convert this Civil Revision into Miscellaneous Appeal within one week, failing which, this revision application shall stand rejected without further reference to a bench. SC ( Dr. Ravi Ranjan, J.)