MUNGESHWAR SAHOO
Arun Kumar – Appellant
Versus
Shyampati Kuer – Respondent
MUNGESHWAR SAHOO, J.
1. I have already heard the learned counsel Mr. Jitendra Kishore Verma, for the petitioner and the learned senior counsel, Mr. J.S. Arora, for the Opposite Party. This Civil Revision application was admitted for hearing on 1.9.2015. However, at the time of hearing of this Civil Revision application, the learned counsel, Mr. J.S. Arora, for the Opposite Party raised objection regarding maintainability of this Civil Revision. According to the learned senior counsel, since by the impugned order dated 16.9.2006 passed by Sub-Judge-VI, Patna in Execution Case No. 1 of 2005, the objection petition filed by the petitioner under Section 47 CPC has been disposed of revision under Section 115 CPC will not be maintainable. The petitioner may, therefore, be directed to convert this Civil Revision application to an application under Article 227 of the Constitution of India.
2. On the other hand, the learned counsel, Mr. Verma, for the petitioner submitted that prior to admission in the year 2015 this objection was not raised by the other side. This Civil Revision is of the year 2006. Therefore, at the stage of hearing if the petitioner will convert this Civil Revision
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