Patna High Court

Ashok Kumar @ Ashok PrasadversusDharmendra Kumar

Decided: 13 March 2026
Disposal: WITHDRAWN
Bench: S B P SINGH

Holding

The court held that the proceeding is a Miscellaneous Appeal and ordered its conversion.

Summary

Ashok Kumar filed an application in the Patna High Court as a Civil Miscellaneous case against Dharmendra Kumar, Usha Devi and Abhay Kumar Gupta. The petitioner's counsel argued that the filing was inadvertent and that the matter should be treated as a Miscellaneous Appeal. The court examined the pleadings and the relief sought and concluded that the nature of the proceeding aligns with a Miscellaneous Appeal. Accordingly, the court allowed the petitioner's prayer to convert the case. The case was directed to be re‑registered as a Miscellaneous Appeal and placed before the appropriate bench.

Issues considered

Whether the proceeding filed as a Civil Miscellaneous case should be classified as a Miscellaneous Appeal

Subjects

civil procedure
miscellaneous appeal
procedural law
case conversion

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CIVIL MISCELLANEOUS JURISDICTION No.4 of 2023
                 ======================================================
                 Ashok Kumar @ Ashok Prasad Son of Late Ram Nath Sah, Resident of
                 Village- Kot Bazar Sitamarhi Town, Ward No. 17, P.S. and District-
                 Sitamarhi.

                                                                            ... ... Petitioner/s
                                                  Versus
           1.    Dharmendra Kumar Son of Late Ram Nath Sah, Resident of Village-
                 Sitamarhi Kot Bazar, Ward No. 17, P.S. and District- Sitamarhi.
           2.    Smt. Usha Devi Wife of Shyam Bihari Prasad, resident of Village- Maibi,
                 P.S.- Bathnaha, District- Sitamarhi.
           3.    Abhay Kumar Gupta Son of Shyam Bihari Prasad, resident of Village-
                 Maibi, P.S.- Bathnaha, District- Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Amrendra Kumar
                 For the Respondent/s   :      Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   29-01-2026                 Heard learned counsel for the petitioner.

                               2. It appears that the present application has been filed

                   as a Civil Miscellaneous case; however, on perusal of the

                   pleadings and the relief sought, this Court finds that the matter

                   is in the nature of a Miscellaneous Appeal and is required to be

                   registered and heard accordingly.

                               3. Learned counsel for the petitioner also submits that

                   the present proceeding has been inadvertently filed as a Civil

                   Miscellaneous case and prays for its conversion into a

                   Miscellaneous Appeal.

                               4. Considering the nature of the proceeding and in the
          Patna High Court C.Misc. No.4 of 2023(2) dt.29-01-2026
                                                       2/2




                    interest of justice, the prayer is allowed.

                                 5. Accordingly, the present Civil Miscellaneous case

                    is directed to be converted into a Miscellaneous Appeal.

                                 6. Put up this case before appropriate Bench.



                                                 (S. B. Pd. Singh, J)


Ankit Kumar/-

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