1980 Supreme(MP) 571

IN THE HIGH COURT OF MADHYA PRADESH
R. C. Shrivastava, J.
Munshi Singh – Petitioner
Versus
Tularam - Non-applicant
C. Revn. No. 637 of 1979 (G)
Decided On : 24-04-1980

Headnote:(1) Civil Procedure Code, 1908 – S. 115 – first appeal barred by time – appeal and application for condonation of delay dismissed by an order – order amounts to a decree – revision not maintainable.

       (2) Practice – revision filed against appealable decree – no action taken for conversion of revision into an appeal – at the time of arguments prayer for conversion may not be accepted.

        Short Note

       1. By a single order dated 28 – 7 – 79, against which this revision has been filed, the Additional District Judge not only dismissed the appellant's (now petitioner) application filed under section 5 of the Limitation Act, 1963 for condonation of delay in filing the appeal but also proceeded to dismiss the appeal as barred by time. A decree dismissing the appeal was accordingly Drawn up.

       Held: The decree passed by the Additional District Judge is appealable and, that being so, the revision petition is not maintainable. AIR 1959 Tripura 6 relied on. AIR 1965 Orissa 102 and 193 referred to. 1979 JLJ – SN 41, 1977 (II) MPWN 379 and AIR 1979 Rajasthan 76 distinguished.

       2. The learned counsel for the petitioner prays that the petition may be converted into an appeal. The petitioner should have been vigilant in this respect. I do not find any justification for converting the petition into an appeal. Hence, the prayer is refused. Revision dismissed.