IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.334 of 2009 SMT.GINIA DEVI @ GINIA DEVI SAH Versus SMT.BIMLA DEVI & ANR ----------- 5. 4.11.2010. This Civil Revision is directed against the order dated 1st of December, 2008 passed by the Sub Judge-I, Katihar in Title Suit No.96 of 2006, whereby the prayer for appointment of Commissioner to examine the witness has been rejected. Heard. In the opinion of this Court, the aforesaid order being of interlocutory in nature, this Civil Revision 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 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 2 under Article 227 of the Constitution of India within four weeks, failing which this Civil Revision shall stand rejected as not maintainable without further reference to a Bench. P.S. ( Dr. Ravi Ranjan, J)