Wednesday, May 6, 2015

WHETHER AN APPEAL CAN BE AMENDED IN TO A REVISION AND WHEN

         The amendment to the pleading pleading is permissible only under Order 6 Rule 17 of C.P.C. but memo of appeal would not fall within the meaning of pleading of pleading in view of the Order 6 Rule 17 of C.P.C. which provides for plaint and written statement only to be part of pleading, therefore if application is moved for convert the appeal in to the revision then same cannot be treated as  amendment application but essentially it is an application for conversion of appeal into revision under section 151 of C.P.C.
        The court has discretion in exercise of inherent power power under section 151 of C.P.C. to permit conversion of appeal in to revision and in the interest of justice this power may be exercised.
        There is nothing like a period of limitation for making an application for conversion of an appeal into revision or vice-versa.
          above view was taken by Hon'ble High Court Allahabad in the decision given by court in Civil Revision No. 212 of 2013 (Amit Bansal Versus Dheeraj Sachdeva) decided on 15.04.2015 after considering many law laid down by Hon'ble Apex Court and Hon'ble High Court.

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