IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2160 of 2009 DR. ZAHIR-UL-ISLAM & ORS. Versus MD. FAIYAZ ALAM & ORS. ----------- 2 23.09.2010 No one appears on behalf of the petitioners. This Civil Revision is directed against the order dated 19.11.2009 passed by the Sub-Judge III, Bhagalpur, in Title Suit No. 409/2004, whereby the prayer of plaintiffs for amendment in plaint has been refused. In the opinion of this Court, this Civil Revision having been filed against the aforesaid order, which is interlocutory in nature, would not be maintainable in view of the law laid down by the Apex Court in Shiv Shakti Coop. Housing Society, Nagpur Vs. Swaraj Developers and others, reported in ((2003)6 Supreme Court Cases 659) and Surya Dev Rai Vs. Ram Chander Rai and others, reported in ((2003)6 Supreme Court Cases 675) as well as by a Division Bench of this Court in Durga Devi Vs. Vijay Kumar Poddar, reported in 2010(2) PLJR 954. However, the petitioners, if so desires, would be 2 at liberty to convert this Civil Revision into a writ petition under Article 227 of the Constitution of India within four weeks, failing which this Civil Revision shall stand rejected as not maintainable without further reference to a Bench. Spd/- ( Dr. Ravi Ranjan, J.)