TIPAN RAUT Vs. RAJ KUMAR SINGH

JUDGEMENT

(1.) This application under Section 115 of the Code of Civil Procedure (hereinafter referred to as the Code) by Tipan Raut, who was the plaintiff in the trial court, is directed against the order dated the 16th January, 1974, passed by the Munsif of Patna in Title Suit No. 36 of 1968, refusing to convert the petitioner's suit into a proceeding under Section 47 of the Code.

(2.) This application came up for decision before L.M. Sharma, J., who, by an order dated the 27th February, 1975, was pleased to refer it to a Division Bench, and this is how it has come before us for disposal.

(3.) In order to appreciate the points involved in this application, it will be necessary to state some material facts. The petitioner instituted the said Title Suit on the 17th February, 1968. It will be relevant to quote in extenso the English rendering of the statements of the petitioner in Paragraphs Nos. 3, 4 and 5 of the plaint:--