IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.418 of 2009 1. The Bihar State Digambar Jain Religious Trust Board, Road No.10A, House No.2, IInd floor, Rajendra Nagar, Near Reserve Bank Colony, Patna-16. 2. Sri Ramesh Chandra Jain, President, Bihar State Digamber Jain Religious Trust Board, Road No.10A, House No.3, IInd floor, Rajendra Nagar, Near Reserve Bank Colony, P.O. + P.S.- Kadamkuan, District- Patna. …….Opp. Party……Petitioners. Versus Sri Maina Sunder Bhawan Digamber Jain Dharamshala Trust Bhagwan Mahabir Mang (Jail Road), Ara, through its Sri Padamraj Kumar Jain, S/o late Bijay Kumar Jain, Secretary and Trustee, PO + PS- Ara, District- Bhojpur. ……Petitioner….Opp. Party. ----------- 04- 24.11.2011 Heard Mr. Keshav Shrivastava for the petitioners, and Mr. Baxi S.R.P. Sinha for the opposite party. Learned counsel for the opposite party submits that this civil revision application is barred by limitation. 2. On a consideration of the submissions of the learned counsel for the parties, it appears to us that 12.3.2009 was the last date to file this civil revision application, whereas it was lodged in this Court on 16.3.2009. It appears from the calendar of this Court that it was closed for Holi festival from 8.3.2009 to 15.3.2009, and had re-opened on 16.3.2009. It is thus evident that the last date (12.3.2009) for filing this civil revision application fell during the period of holidays, and it was filed on the re-opening day (16.3.2009). There was thus no delay in filing the civil revision application 2 3. Learned counsel for the opposite party next submits that, in view of the provisions of section 55 of the Bihar Hindu Religious Trust Act 1950 (hereinafter referred to as ‘the Act’), the present civil revision application is not maintainable. Faced with the situation, learned counsel for the petitioners seeks permission to convert this civil revision application into appeal in terms of section 55 of the Act. It is possible and permissible to do so and is consistent with the practice of this Court. However, as a matter of discretion, and in view of the position that the format of the two proceedings are quite different, it would be appropriate if the petitioners are permitted to withdraw this civil revision application with the liberty to file an appeal in terms of section 55 of the Act. 4. In that view of the matter, as prayed for by learned counsel for the petitioners, this civil revision application is permitted to be withdrawn with the aforesaid liberty. (S K Katriar, J.) S.K.Pathak/