IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.136 of 2005 JYOTI NARAYAN SINGH Versus M/S NEW INDIA ASSURANCE COMPAN ----------- 7/ 16-10-2008 Heard learned counsel for the petitioner and learned counsel for the opposite parties. Learned counsel for the petitioner submits that this civil review petition has been wrongly filed, as Miscellaneous jurisdiction petition should have been filed under the provisions of Order XLI Rule 21 of the Code of Civil Procedure for re-hearing of M.A.No. 195 of 1997 ( M/S New India Assurance Company Limited and Anr. Vs Smt. Geeta Devi & Anr.) which was allowed by this Court on 09.10.2001 on contest against the claimant ( respondent no.1) and ex-parte against the owner of the vehicle, who was respondent no.2 in that appeal and is the petitioner in the instant case. Learned counsel for the petitioner further submits that only once notice to the said respondent no.2 of miscellaneous appeal was sent but according to the service report the same was received by Manager of the petitioner although the petitioner has got no such manager and no second notice was sent in the said appeal to the petitioner. Although learned counsel for the opposite parties vehemently opposes the contention of the learned counsel for the petitioner but considering the facts and circumstances of the case, let this civil review be converted to M.J.C. for which necessary correction should be made by the petitioner in the petition by 7th of Novermber, 2008, failing which the said petition shall stand dismissed without further reference to a Bench. If the correction is made within the aforesaid period, the - 2 - office must verify the defects etc. and report with respect thereto and place the M.J.C. case under the appropriate heading without any delay. B.Tiwary/ (S.N Hussain,J)