SHIVA KIRTI SINGH

1. Heard the parties in respect of objection raised by the stamp reporter regarding maintainability of this appeal which is directed against the order dated 12-04-2012 passed by a learned Single Judge of this court in writ petition bearing CWJC No. 5193 of 2009. No doubt the writ petition is labeled under Article 226 of the Constitution of India but it was directed against an order dated 21-02-2009 passed by the trial court in Title Eviction suit No. 01 of 2006 whereby petition filed u/s 15 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 was rejected.

2. Admittedly, no revision application could be maintained against the order dated 21-02-2009 in view of proviso to Section 115 of the Civil Procedure Code. Hence, the respondent No.1 preferred the aforesaid writ petition which has been allowed. We are not concerned with the merits of that order at this stage because the issue to be decided is whether a Letters Patent Appeal is maintainable against the order of the learned Single Judge. The controversy as to whether civil revision application is maintainable against orders which do not dispose of the suit or proceeding finally was decided b