IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1457 of 2007 RAJESHWARI PRASAD Versus JOGENDRA RAI & ORS For the Petitioner: M/s H.P. Singh, R.N. Roy and Yogendra Kumar, Advocates For the O.P. : Mr. Kameshwar Pd. Singh, Advocate ----------- 3 09.07.2010 It is fairly submitted on behalf of the petitioner that the plaintiff had filed a petition contending therein that the claim raised by plaintiff ought not be disposed of as counter claim set up by the defendant and is fit to be decided in an independent suit, thus, petition would be deemed to have been filed under Order VIII Rule 6-C of the Code of Civil Procedure (hereinafter to be referred to as “Code”) and not under Order VII Rule 11 of the Code, under which the petition was filed. In the above view of the matter, it has been fairly submitted by learned counsel for the petitioner that the impugned order is an interlocutory in nature and, thus, in view of the law laid down by a Division Bench of this Court in the cases of Durga Devi v. Vijay Kumar Poddar and others and its analogous cases(2010(2) PLJR, 954) while deciding the maintainability of the Civil Revision in group of cases, this revision would not be maintainable. Learned counsel for the petitioner seeks permission to 2 convert this civil revision into a writ application under Article 227 of the Constitution of India. Learned counsel for the otherside raises no objection. Permission is accorded Let the petitioner convert this civil revision into a writ application under Article 227 of the Constitution of India within two weeks, failing which it shall stand rejected without further reference to a Bench. SC ( Dr. Ravi Ranjan, J.)