IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.498 of 2010 VIJAY KRISHNA GUPTA & ORS. Versus PRABHAT KUMAR @ KUMAR PRABHAT & ORS ----------- 02. 01.07.2010. The office has pointed out by the note dated 21.05.2010 that the Misc. Appeal is not maintainable because the order under Appeal has been passed rejecting an application under Order 16 Rule 1, 3, 11 and Section 151 C.P.C. According to the office, Civil Revision is maintainable under Section 115 C.P.C. However, after some argument, the learned counsel seeks permission to convert this Misc. Appeal to a writ application. According to him, Civil Revision application also not maintainable. Without going to the merits of the submission of the learned counsel for the appellant, his prayer is allowed and at his own risk, he is permitted to convert this Misc. Appeal to a Writ Application. Sanjeev/- (Mungeshwar Sahoo,J.)