Patna High Court
Sangeeta RaiversusSmt. Shailja Karji
- Decided
- Disposal
- CONVERTED
- Bench
- S B P SINGH
Holding
The Court held that the appropriate remedy is a civil revision and allowed the conversion of the C. Misc. proceeding into a civil revision.
Summary
Petitioner Sangeeta Rai filed a Civil Miscellaneous application (C. Misc. No.24 of 2026) challenging an order dated 15-11-2025 passed by Sub Judge V, Samastipur in Title Suit No. 243 of 2021. The High Court examined whether a C. Misc. proceeding was the correct procedural route for seeking relief against the said order. The Court observed that the appropriate remedy under the Code of Civil Procedure is a civil revision, not a C. Misc. application. In the interest of justice and to avoid multiplicity of proceedings, the Court permitted the conversion of the pending C. Misc. file into a civil revision. The matter was ordered to be listed before the appropriate bench for further hearing.
Issues considered
- Whether the Civil Miscellaneous application is the appropriate remedy to challenge the Sub Judge's order
- Whether the pending C. Misc. proceeding can be converted into a civil revision under the Code of Civil Procedure
Subjects
- civil revision
- civil miscellaneous application
- procedure
- Code of Civil Procedure
- conversion of proceedings
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.24 of 2026
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Sangeeta Rai wife of Parmod Kumar, Resident of Mohammadpur Devpar,
Teachers Colony Post Pusa P.S. Pusa District Samastipur.
... ... Petitioner/s
Versus
1. Smt. Shailja Karji wife of Late Umesh Kumar Karji resident of village
Mohammadpur Devpdar P.O and P.S. Pusa District Samastipur.
2. Bhawesh Kumar Karji son of late Umesh Kumar Karji resident of village
Mohammadpur Devpdar P.O and P.S. Pusa District Samastipur.
3. Savesh Kumar Karji son of late Umesh Kumar Karji. resident of village
Mohammadpur Devpdar P.O and P.S. Pusa District Samastipur.
4. Madhu Kumari daughter of late Umesh Kumar Karji resident of village
Mohammadpur Devpdar P.O and P.S. Pusa District Samastipur.
5. Bidha Kudmari daughter of late Umesh Kumar Karji resident of village
Mohammadpur Devpdar P.O and P.S. Pusa District Samastipur.
6. Rinki Kumari daughter of late Umesh Kumar Karji resident of village
Mohammadpur Devpdar P.O and P.S. Pusa District Samastipur.
7. Chandra Mohan Mishra son of Sukha Ram Mishra, Resident of village
Sakariman P.O Sakari Chandpura P.S. Peeyar, District Muzaffarpur.
8. Smt. Manju Sharma wife of Sri Gopal Krishnan Sharma Resident of House
No. E5/78 Sail City New Pandag P.S. Jagarnathpur, VTC Pundag P.O
Pundag Sub-Division Ratu, District Ranchi, Jharkhand.
9. Satish Kumar Duvedi son of Shiv Kumar Duvedi, resident of Village
Chandpura P.S. Peeyar District Muzaffarpur.
10. Smt. Neetu Kumari, W/O Mukesh Kumar, resident of Village Harpur
Yamaza P.S. Pusha District Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratan Kumar Sinha
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner.
2. Perusal of the record reveals that the present C.
Misc. File has been filed assailing the order dated 15.11.2025
passed by the learned Sub Judge V, Samastipur in Titile Suit No.
Patna High Court C.Misc. No.24 of 2026(2) dt.20-01-2026
2/2
243 of 2021, which is revisable in nature under the provisions of
the Code of Civil Procedure.
3. The relief sought and the grounds urged in the
present proceedings clearly indicate that the appropriate remedy
available to the petitioner is by way of a Civil Revision and not
by filing a C. Misc. application.
4. In the interest of justice and to avoid multiplicity of
proceedings, this Court deems it appropriate to permit
conversion of the present C. Misc. File into a Civil Revision.
5. Accordingly, the present C. Misc. File is permitted
to be converted into a Civil Revision.
6. List this case before appropriate Bench.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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