IN THE HIGH COURT OF JUDICATURE AT PATNA SLA NO.13 OF 2008 SARMISTA DEVI VERSUS BALMIKI RAI & ANR ********* 6 08/04/2009 By order dated 05.02.2009, notices were issued to the opposite party and the matter was to be finally heard after appearance of the opposite party. This case has been listed under the heading `to be mentioned’ at the instance of the Counsel for the respondents. This case was listed under the heading `for admission’ on 17th March, 2009 and 06th April 2009. On 06th April, 2009, this Court passed an order allowing the S.L.A. Learned Counsel for the respondents submits that the S.L.A. has wrongly been filed and actually the case arises out of First Information Report and as such the proper forum would have to prefer a revision before this Court. I may point out that the question of maintainability has not been raised by the Stamp Reporter. It is further submitted that Section 362 of the Code of Criminal Procedure envisages that the Court would not alter an order once it is signed after final disposal of the case except to rectify or correct any clerical of arithmetical error. - 2 - Learned Counsel appearing on behalf of the petitioner in this case, on the other hand, submits that if at all the submission made by the Counsel appearing on behalf of the respondents are correct, then the matter would be considered at the time of admission of the appeal which would arise after this case is listed under the heading for admission for the purposes of admitting the appeal. Since at this late stage, a question has been raised with respect to the jurisdictional error in filing of the S.L.A., the records of this case should be put up along with the appeal and this Court after perusing the lower court records may pass appropriate orders. Anand (Sheema Ali Khan, J. )