Patna High Court
Lila DeviversusJitendra Singh
- Decided
- Disposal
- CONVERTED
- Bench
- S B P SINGH
Holding
The Court held that the reliefs sought are writ reliefs and ordered the conversion of the case into a Civil Writ Jurisdiction Case.
Summary
The petitioner, Lila Devi, filed Civil Miscellaneous No. 1324 of 2025 seeking reliefs that are essentially writ remedies. The respondent parties include Jitendra Singh and others. The petitioner’s counsel argued that the matter should be treated as a Civil Writ Jurisdiction Case (CWJC). The Court examined the pleadings and determined that the nature of the reliefs indeed falls within writ jurisdiction. Consequently, the Court directed the Registry to convert the civil miscellaneous filing into a CWJC and assign an appropriate number after correcting any defects. The matter was then ordered to be listed before the appropriate bench for further hearing.
Issues considered
- Whether the reliefs sought in Civil Miscellaneous No. 1324 of 2025 are within the scope of civil writ jurisdiction
- Whether the case can be converted from a civil miscellaneous proceeding to a Civil Writ Jurisdiction Case
Subjects
- civil writ jurisdiction
- case conversion
- procedural order
- high court
- civil miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1324 of 2025
======================================================
Lila Devi Daughter of Late Santlal Singh and Late Ram Sundari Devi, Wife
of Late Kailash Singh Village- Achhechack, P.O.- Chainpura Khurd, P.S.-
Parsa Bazar, District- Patna.
... ... Petitioner/s
Versus
1. Jitendra Singh Son of Late Sant Lal Singh Resident of Village- Nasariganj,
P.S.- Danapur, District- Patna.
2. Ramu Kumar, Son of Late Jitendra Singh Resident of Village- Nasariganj,
P.S.- Danapur, District- Patna.
3. Birendra Singh, Son of Late Sant Lal Singh Resident of Village- Nasariganj,
P.S.- Danapur, District- Patna.
4. Smt. Sushila Devi, W/o Late Sant Lal Singh, Resident of Village -
Nasariganj, P.S.- Danapur, District- Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Prasad Singh
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner.
2. It appears that the present C. Misc. No. 1324 of
2025 has been filed seeking relief(s) which are in the nature of
writ relief and are required to be adjudicated under the Civil
Writ Jurisdiction of this Court.
3. Learned counsel for the petitioner submits that the
present matter may be treated and registered as a Civil Writ
Jurisdiction Case (CWJC).
4.Upon consideration of the pleadings and the nature
Patna High Court C.Misc. No.1324 of 2025(2) dt.19-01-2026
2/2
of the reliefs claimed, this Court finds the request to be justified.
5. Accordingly, the Registry is directed to convert the
present C. Misc. file into a Civil Writ Jurisdiction Case (CWJC)
and allot an appropriate CWJC number after removing the
defects, if any, in accordance with the law.
6. List the matter before the appropriate Bench.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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