Research › Search › Judgment

Jharkhand High Court · body

2025 DIGILAW 820 (JHR)

Anwar Ahmad son of Late Nehal Ahmad v. Banshidhar Udaypuri Memorial Trust represented through its so-called President

2025-03-07

RAJESH SHANKAR

body2025
ORDER : Rajesh Shankar, J. The present C.M.P. has been filed for modification of 2022 to the extent of following observation made in the first sentence of the last paragraph of the said order:- “The petitioner may appro ach the learned court below for preparation of the decree under Order XX Rule 6A C.P.C.” 2. Learned counsel for the petitioners while inviting the attention of this Court to the order dated 21.06.2022 submits that the observation made in the first sentence of last paragraph of the said order that the petitioner may approach the learned court below for preparation of the decree under Order XX Rule 6A C.P.C., does not fit in the context of the case as the suit i.e., Original Suit No. 208 of 2018, preferred by the petitioners/plaintiffs in the court of Civil Judge (Sr. Division)-III, Palamau at Daltonganj is still alive, rather an application filed by the defendant no. 4/ respondent no. 4 under Order VII Rule 11(d) of the C.P.C. for rejection of the plaint has been dismissed. 3. Having heard learned counsel for the parties and on perusal of the order dated 21.06.2022 passed in Civil Revision No. 02 of 2022, it appears that the said observation has inadvertently been made in the order dated 21.06.2022 which does not fit in the context of the matter. 4. Accordingly, the first sentence of the last paragraph of the order dated 21.06.2022 passed in Civil Revision No. 02 of 2022 i.e., “The petitioner may approach the learned court below for preparation of the decree under Order XX Rule 6A C.P.C.” is hereby deleted and the said paragraph be now read as “The Office shall change the nomenclature of the present Civil Revision to First Appeal and make a fresh stamp reporting.” 5. The order dated 21.06.2022 passed in Civil Revision No. 02 of 2022 is modified to the said extent. 6. The present C.M.P. is, accordingly, disposed of.