IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.762 of 2009 ----- Dr.(Mrs.) Nimmi Upadhyay W/o Shri Om Prakash R/O Mohalla- Sambika Nagar, New Dillian, Deheri-On-Sone, P.O.& P.S. Dehri- on-Sone, District Rohtas at present Head Mistress, D.A.V. Public School, Lajpat Nagar, Katar, Dehri, District Rohtas. -- Plaintiff-Appellant-Petitioner. Versus 1. Shri R.S.Sharma S/o Name note known (vide plaint) Vice President, D.A.V. C.M.C.C. Chitragupta Road, New Delhi- 110055. 2. Shri R.K. Chauhan S/o Name not known (vide plaint) Regional Director-I, D.A.V. Public School (Patna Zone), Arya Samaj Mandir, New Bailey Road, Danapur, Patna. 3. Shri Arvind Kumar S/o Name not known (vide plaint) Head Master, D.A.V. Public School, Pusauli, P.O. Pasauli, P.S. Kudra, District-Kaimur. --Defendants-Respondents-Opposite parties. ------ For the petitioner : Mr. K.N.Choubey, Senior Advocate. Mr. Akhauri Vipin Bihari Shrivastava, Advocate. For the opposite parties: M/s. Anil Kumar Singh & Surendra Kumar, Advocates. ----- 06. 30.07.2009 This civil revision has been filed by plaintiff-appellant- petitioner challenging order dated 24.02.2009 by which the learned Additional District Judge-Cum- Fast Track Court No.V, Rohtas at Sasaram dismissed Miscellaneous Appeal No.04 of 2008 affirming order dated 26.03.2008 passed by the learned Munsif-II, Sasaram rejecting the application of the plaintiff-appellant under Order XXXIX Rule 1 read with Section 151 of the Code of Civil Procedure filed in Title Suit No.90 of 2007. The law is well settled in this regard that after amendment of the Code of Civil Procedure no civil revision against the order passed in a miscellaneous appeal affirming, reversing or modifying - 2 - the order with respect to injunction passed by the trial court shall be maintainable. Reference in this regard may be made to a decision of the Hon’ble Apex Court in case of Surya Dev Rai Versus Ram Chander Rai and others, reported in (2003) 6 Supreme Court Cases 675. In the said circumstances, this civil revision being not maintainable is dismissed. However, the petitioner will be at liberty to take recourse to any other forum in accordance with law. Sunil (S. N. Hussain, J.)