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2004 Supreme(MP) 661

S.S.JHA, A.K.GOHIL
OM PRAKASH – Appellant
Versus
DWARKA PRASAD – Respondent


Advocates Appeared:
A.K.Nirankar, D.D.Bansal, S.B.MISHRA

S. S. JHA, J.

( 1 ) IN this revision, an application i. A. 3963/03 is filed by the petitioners for converting this revision into miscellaneous appeal under Order XLIII, Rule 1 (u) of the Code of Civil Procedure. The application was opposed by the respondents inter alia contending that the scope of appeal is different from the scope of revision, and therefore, application and revision be dismissed. Counsel for the respondents placed reliance on the single Bench decision of this Court in the case of Food Corporation of India v. Munnilal (2003 (2) MPLJ 290) : (AIR 2003 Madh Pra 66), whereas counsel for the petitioners has referred to the decision of the single Bench of this Court in the case of Shivkumar v. Ramkatori (1977 jlj 33 ). Since two conflicting views were brought to the notice of the single Bench, single Bench has referred the dispute for decision in accordance with law by the Division bench.

( 2 ) QUESTION involved in the case is whether revision can be converted into appeal and vice versa.

( 3 ) COUNSEL for the petitioners submitted that this question has been settled long back and this Court time and again is permitting conversion of appeal into revision and revision into















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