IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1968 of 2007 KANCHAN KUMAR @ KANCHAN SAO Versus SMT.ANPURNA DEVI & ORS ----------- 4 01.10.2010 No one appears on behalf of the petitioner. This matter was heard on earlier occasion on 18.03.2010 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. This civil revision is directed against the order dated 21.06.2007 passed by the Munsif, Patna City, in Title suit No. 32 of 2003, whereby the prayer of the defendant-petitioner for allowing certain amendments in the written statement has been refused. In the opinion of this Court, the aforesaid order being interlocutory in nature, this civil revision challenging the same 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 others ((2003) 6 Supreme Court 2 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.)