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Patna High Court

Upendra SinghversusRajendra Singh

Decided
Disposal
CONVERTED

Holding

The court allowed the conversion of the miscellaneous application into a first appeal.

Summary

The appellant Upendra Singh filed a miscellaneous application in the Patna High Court seeking to convert it into a first appeal, referencing an earlier order dated 19‑02‑2024 in First Appeal No. 39 of 2022 (DB). Counsel for the appellant, Mr. Lakmesh Marvind, requested the conversion. The court considered whether such conversion was permissible under procedural rules. It held that the conversion could be allowed and granted the appellant four weeks to file the first appeal. The order thus permitted the transformation of the miscellaneous application into a first appeal.

Issues considered

  • Whether a miscellaneous application can be converted into a first appeal under the procedural law

Subjects

  • conversion of application
  • first appeal
  • procedural law
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Appeal No.865 of 2025
                  ======================================================
                  Upendra Singh

                                                                          ... ... Appellant/s
                                                  Versus
                  Rajendra Singh

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :    Mr. Lakmesh Marvind, Adv.
                  For the Respondent/s   :    Mr.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                        ORAL ORDER

2    09-04-2026                    In view of order dated 19.02.2024 passed in First

                    Appeal No. 39 of 2022 (DB), learned counsel for the appellant

                    seeks permission to convert this Miscellaneous Application into

                    First Appeal.

                                2. Four weeks’ time is granted for the same.



                                             (Khatim Reza, J)
prabhat/-

U


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