Point of Law : Appropriate remedy would be to approach this court by invoking its revisional powers which could be read with section 151 C.P.C.

JUDGMENT :

Both the parties are represented by their learned counsels. Heard the submissions made by Mr. Vanlalnghaka, learned counsel for the applicant/appellant and Mr. B. Lalramenga learned counsel for the opposite party.

2. The applicant has submitted this application for to adding “read with Section 151 CPC 1908” to the cause title in FAO No.1/2019. First Appeal Order was filed under Order 41 Rule 1 CPC praying for setting aside and quashing the Order dt.17.05.2019 passed by the Ld. Additional District & Sessions Judge-III in CMA No.299 of 2018, A/o RFA No.17 of 2018 wherein the Learned lower Court had condoned the delay of 3449 days.

3. Mr. Vanlalnghaka, learned counsel for the applicant/appellant has submitted that due to the haste in submission of the FAO No. 1/2019, he had mistakenly not added “read with section 151 CPC to section 41 Order 1 CPC in the cause title in FAO No.1/2019. That in allowing the addition of “read with section 151 CPC”, the court may invoke its inherent powers under section 151 C.P.C and admit the First Appeal Order and set aside the impugned order dated 17.05.2019 wherein the lower court had wrongfully condoned a delay of as many as 3449 days. That in the interest of equity and justice the court has the inherent power to convert an revision petition to an appeal and vice versa. He has relied on the Apex Courts decisions in Ram Prakash Agarwal and Another Vs. Gopi Krishan (dead through Lrs.) and Others reported in (2013) 11 SCC 296 para 19, Nawab Shaqafath Ali Khan v. Nawab Imdad Jah Bahadur 162 (2009) 5 SCC.

4. Mr. B. Lalramenga, learned counsel for the opposite party has on the other hand argued that there is no ground to amend the cause title of the connected Memo of Appeal filed by the applicant. In her application, the applicant quoted Order 41 Rule 1 CPC as the provision for filing the connected Appeal. However, the impugned Order dated 17.05.2019 which is not a decree and hence, it cannot be assailed under Order 41 Rule 1, CPC. Besides, the said Order dated 17.05.2019 is also not an appealable Order under section 104 CPC or under Order 43 CPC. Moreover, there is no reason as to why the applicant should be allowed to amend the cause title of her Memorandum of Appeal by adding section 151 CPC inasmuch as the inherent power of the court under section 151 CPC cannot be invoked by the applicant to make good the irregularity/illegality in filing the connected Appeal. That, section 151 CPC is intended to apply where the Civil Procedure Code does not cover any particular procedural aspect and it is not a provision of law conferring power to grant any kind of substantive relief. The learned counsel has relied on the judgements of the Apex in State of Utter Pradesh & Others Vs. Roshan Singh (dead) by Lrs. & Others reported in (2008) 2 SCC 488 para 8, Ram Prakash Agarwal and Another Vs. Gopi Krishan (dead through Lrs.) and Others reported in (2013) 11 SCC 296 para 19, Vinod Seth Vs. Devinder Bajaj and Another reported in (2010) 8 SCC 1 para 30”.

5. On consideration of the submissions of both the parties, the maintainability of FAO No. 1 of 2021 in its present form and style, need to be considered along with I.A (Civil ) No. 116 of 2019.

6. The FAO No. 1 of 2021 is against the impugned order dated 17.05.2019 in CMA No. 229 of 2018 A/o RFA No.17 of 2018. The order dated 17.05.2019 passed by the learned lower court is an order condoning a delay of 3449 days under section 5 of the Limitation Act. This impugned order dated 17.05.2019 passed in CMA No.229 arises out of the main appeal in RFA 17 of 2018 which has not reached its finality and therefore the impugned order dated 17.05.2019 cannot be deemed to be a judgment or decree as envisaged under order 41 rule 1 of C.P.C.

7. If the applicant is aggrieved by the order dated 17.05.2019 in CMA No.229 of 2018 A/o RFA No.17 of 2018 the appropriate remedy would be to approach this court by invoking its revisional powers which could be read with section 151 C.P.C. Thi