Patna High Court
Smt. Sujata Verma @ Sujata VarmaversusDinesh Kumar
- Decided
- Disposal
- CONVERTED
- Bench
- R P MISHRA
Holding
The order is not appealable; the correct remedy is a civil revision under Section 115 of the Code of Civil Procedure.
Summary
The appellant, Smt. Sujata Verma, filed a memo of appeal against an order dated 12 March 2025 in a partition suit, wherein the trial court allowed an application under Order VII Rule 10 of the CPC and directed the plaint to be presented before a court with proper territorial jurisdiction. The High Court examined whether such an order is appealable under the Code of Civil Procedure. Relying on a precedent (Civil Revision No. 1067/2009, order dated 27 April 2010), the Court held that orders of this nature are not subject to appeal but can be challenged only by a civil revision under Section 115 of the CPC. Consequently, the Court found the appeal to be non‑maintainable in its present form. The appellant was directed to convert the appeal into a civil revision application within four weeks, correcting any procedural defects.
Issues considered
- Whether the order of the Civil Judge allowing an application under Order VII Rule 10 and directing the plaint to a different court is appealable under the CPC.
- Whether the appropriate remedy is a civil revision under Section 115 of the CPC.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order VII Rule 10, Section 115
Subjects
- civil procedure
- appeal maintainability
- civil revision
- jurisdiction
- stamp duty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No.86 of 2025
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Smt. Sujata Verma @ Sujata Varma Wife of Sri Vijay Varma, Daughter of
Late Rajendra Prasad, residing at 12, Mirza Ghalib Street, 3rd Floor, Flat No.
7, P.S. New Market, Kolkata, West Bengal - 700016.
... ... Appellant/s
Versus
1. Dinesh Kumar Son of Late Rajendra Prasad resident of Flat No. 36, Sri Kunj
Apartment, Third Floor, East Boring Canal Road, P.S. Budha Colony,
District - Patna, Bihar 800001. Permanent resident of Mohalla Asha Nagar,
Pakki Gali, P.S. Sohsarai, District - Nalanda, Bihar - 803118.
2. Reedisha Verma Wife of Sri Rahul Rathi, Daughter of Sri Dinesh Kumar
resident of Flat No. 36, Sri Kunj Apartment, Third Floor, East Boring Canal
Road, P.S. Budha Colony, District - Patna, Bihar 800001. Permanent resident
of Mohalla Asha Nagar, Pakki Gali, P.S. Sohsarai, District - Nalanda, Bihar -
803118.
3. Devisha Verma Wife of Sri Gaurav, Daughter of Sri Dinesh Kumar resident
of Flat No. 36, Sri Kunj Apartment, Third Floor, East Boring Canal Road,
P.S. Budha Colony, District - Patna, Bihar 800001. Permanent resident of
Mohalla Asha Nagar, Pakki Gali, P.S. Sohsarai, District - Nalanda, Bihar -
803118.
4. Dipesh Verma Son of Sri Dinesh Kumar, resident of Flat No. 36, Sri Kunj
Apartment, Third Floor, East Boring Canal Road, P.S. Budha Colony,
District - Patna, Bihar 800001. Permanent resident of Mohalla Asha Nagar,
Pakki Gali, P.S. Sohsarai, District - Nalanda, Bihar - 803118.
5. Mostt. Priyanka Verma Wife of Late Ravi Kumar, resident of Flat No. 36,
Sri Kunj Apartment, Third Floor, East Boring Canal Road, P.S. Budha
Colony, District - Patna, Bihar 800001. Permanent resident of Mohalla Asha
Nagar, Pakki Gali, P.S. Sohsarai, District - Nalanda, Bihar - 803118.
6. Dipankar Verma Son of Late Ravi Kumar resident of Flat No. 36, Sri Kunj
Apartment, Third Floor, East Boring Canal Road, P.S. Budha Colony,
District - Patna, Bihar 800001. Permanent resident of Mohalla Asha Nagar,
Pakki Gali, P.S. Sohsarai, District - Nalanda, Bihar - 803118.
7. Milan Kumar Chauley Son of Late Sandhya Chauley resident of Plot No.
2269/7, Dakrabhisian Lane, Old Town Bhubaneswar, P.S. Lingaraj,
Bhubaneswar, District- Khurda, Odisha-751002.
8. Siddharth Chauley Son of Late Sandhya Chauley resident of Plot No.
2269/7, Dakrabhisian Lane, Old Town Bhubaneswar, P.S. Lingaraj,
Bhubaneswar, District- Khurda, Odisha-751002.
9. Meenakshi Chauley Daughter of Late Sandhya Chauley resident of Plot No.
2269/7, Dakrabhisian Lane, Old Town Bhubaneswar, P.S. Lingaraj,
Bhubaneswar, District- Khurda, Odisha-751002.
... ... Respondent/s
======================================================
Appearance :
Patna High Court FA No.86 of 2025(2) dt.31-03-2026
2/3
For the Appellant/s : Mr. Uday Pratap Singh, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-03-2026 Heard on the point of maintainability in light of the
Civil Stamp Report dated 11.07.2025.
2. It appears that the present Memo of Appeal has
been preferred against the order dated 12.03.2025 passed in
Title Partition Suit No. 68/2023 by the learned Civil Judge (Sr.
Division) - X, Patna, whereby an application under Order VII
Rule 10 of the Code of Civil Procedure has been allowed and
the plaint has been directed to be presented before the
competent court having territorial jurisdiction.
3. As per the office notes dated 14.07.2025 and in
view of the legal position settled in paragraph 37 of the order
dated 27.04.2010 passed in Civil Revision No. 1067/2009, such
an order is not appealable and the appropriate remedy lies by
way of a Civil Revision under Section 115 of the Code of Civil
Procedure.
4. In view of the above, the present appeal is not
maintainable in its present form.
5. Accordingly, the learned counsel for the appellant is
directed to take appropriate steps for conversion of the present
Memo of Appeal into a Civil Revision application under Section
Patna High Court FA No.86 of 2025(2) dt.31-03-2026
3/3
115 CPC within a period of four weeks, subject to removal of all
consequential defects, if any.
(Rudra Prakash Mishra, J)
Rajorshi/-
U
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