IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11732 of 2011 Bir Bahadur Singh & Ors Versus Pramod Kumar Mishra ---------------------------------- 06. 07.12.2011. The learned senior counsel Mr. Kamal Nayan Chaubey appearing on behalf of the petitioner submitted that the application filed by the petitioner under Order 21 Rule 97 was disposed of on merit and because the said judgment is a decree as provided under Rule 103 Order 21 the petitioner filed Misc. Appeal before the lower appellate court therefore, second appeal is maintainable against the judgment and decree passed by the first appellate court. In such view of the matter, the learned counsel seeks permission to convert this writ application to a second appeal. Permission is accorded. The learned Advocate on record shall convert this writ application to a second appeal as prayed for by the petitioner within two weeks. Peremptory. S.S. (Mungeshwar Sahoo,J.)