IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1967 of 2007 AMBIKA TIWARY Versus DHRUB NARAIN TIWARY & ORS For the Petitioner: None For the O.Ps. M/s Panditji Pandey, R.K.Tiwary and N.K. Tiwary, Advocates ----------- 3 01.10.2010 No one appears on behalf of the petitioner. Learned counsel for the otherside is present. This matter was heard on earlier occasion on 16.03.2010 and it was directed to be listed after decision of the Division Bench in Civil Revision No. 1067 of 2009 and other referred cases on the point of maintainability. The decision having been delivered the present civil revision has been resubmitted. In the opinion of this Court, the civil revision having been preferred against the part of the order dated 10.08.2007 passed by the Sub Judge VIII, East Champaran, Motihari, in Title Suit No. 310/2005, whereby the amendment petition dated 31.01.2007 filed by the plaintiff-petitioner in the plaint has been rejected, would not be maintainable in view of the law laid down by the Apex Court in the cases of Shiv Shakti Coop. Housing Society, Nagpur v. Swaraj Developers and 2 others ((2003) 6 Supreme Court Cases, 659) and Surya Dev Rai v. Ram Chander Rai and others ((2003) 6 SCC, 675) as well as by a Division Bench of this Court in the cases of Durga Devi v. Vijay Kumar Poddar and others and its analogous cases(2010(2) PLJR 954). However, the petitioner, if he so desires, would be at liberty to convert this civil revision into a writ application under Article 227 of the Constitution of India within three weeks after Durga Puja holidays, failing which it shall stand rejected as not maintainable without further reference to a Bench. SC ( Dr. Ravi Ranjan, J.)