IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.745 of 2010 SRI KRISHNA PRASAD Versus SHARVAN PRASAD ----------- 2 16.09.2010 No one appears on behalf of the petitioner. This Civil Revision is directed against the order dated 26.07.2007 passed by the Munsif, Patna City in Title Eviction Suit No. 14/09, whereby he has rejected the petition dated 05.07.2010 filed by the petitioner praying to accept the written statement. In the opinion of this Court a civil revision filed against the aforesaid order, in view of the proviso to Section 115(1) of the Code of Civil Procedure as substituted by Section 12(i) of the Code of Civil Procedure (Amendment) Act, 1999, which came into effect from 01.07.2002 as well as the law laid down by the Apex Court in the cases of Shiv Shakti Coop. Housing Society, Nagpur v. Swaraj Developers and 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 2 others and its analogous cases(2010(2) PLJR 954), would not be maintainable. However, the petitioner is granted four weeks’ time to convert this civil revision into a writ application under Article 227 of the Constitution of India, which would be maintainable in view of the aforesaid decisions of the Apex Court as well as the Division Bench of this Court, failing which, this Civil Revision shall stand rejected as not maintainable without further reference to a Bench. SC ( Dr. Ravi Ranjan, J.)