IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2152 of 2007 PREM SHANKAR JHA Versus BACHNU KHAN & ORS ----------- 4 07.10.2010 No one appears on behalf of the petitioner. This civil revision was earlier taken up on 02.04.2010 and on that occasion it was directed to be listed immediately after decision of the Division Bench in Civil Revision No. 1067 of 2009 and other referred cases on the point of maintainability of the civil revision. That decision having already been rendered, the matter has been resubmitted. This civil revision is directed against the order dated 07.09.2005 passed by the 3rd Sub-Judge, Saharsa, in Title Suit No. 7186, whereby he had rejected the petition for amendment in the plaint. The impugned order being interlocutory in nature, in the opinion of this Court, this civil revision challenging the same would not be maintainable in view of the law laid down by the Apex Court in Shiv Shakti Coop. Housing Society, Nagpur Vs. Swaraj Developers and others, reported in (2003)6 Supreme 2 Court Cases 659 and Surya Dev Rai Vs. Ram Chander Rai and others, reported in (2003)6 Supreme Court Cases 675 as well as by a Division Bench of this Court in Durga Devi Vs. Vijay Kumar Poddar, reported in 2010(2) PLJR 954. However, the petitioner, if he so desires, would be at liberty to convert this Civil Revision into a Writ Petition under Article 227 of the Constitution of India within four weeks after Durga Puja Holidays, failing which, this Civil Revision shall stand rejected as not maintainable without further reference to a Bench. SC ( Dr. Ravi Ranjan, J.)