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Patna High Court

Smt. Sujata Verma @ Sujata VarmaversusDinesh Kumar

Decided
Disposal
CONVERTED

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

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
     ======================================================
     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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