IN THE HIGH COURT OF JUDICATURE AT PATNA S.A. No.256 of 2009 SMT.SANTONA BASU & ORS Versus SRI BISHWANATH CHOUDHARY & ORS ----------- 03/ 08.02.2010 Vide further stamp report dated 27.01.2010 the office has stated that this second appeal is not maintainable against the impugned judgment and a miscellaneous appeal under Order XLIII Rule 1(u) of the Code of Civil Procedure should have been filed. Learned counsel for the appellants accepts the stamp report and seeks permission to convert this memorandum of second appeal into memorandum of miscellaneous appeal. Prayer is allowed. Let him do so within a fortnight. harish/ ( S. N. Hussain, J. )