The court ruled that conversions from revision applications to Article 227 petitions are impermissible to prevent circumvention of legislative intent post-amendment of Section 115 of the Civil Procedure Code.

1.By the Amending Act of 1999, the Parliament of India introduced extensive amendments to the Civil Procedure Code promulgated in 1908 and certain decisive and power curtailing amendments were made to S.115 of the Civil Procedure Code which was earlier extensively amended in 1976. This amendment brought about by the Amending Act of 1999 was brought into force with effect from 1-7-2002.

2. After the application of the amending provisions from 1-7-2002 questions were raised in several Revision Applications either pending in this Court for admission or pending in this Court for final hearing as to whether the provisions of S.115 as amended with effect from 1-7-2002 are applicable to proceedings pending as of that date or whether those proceedings are liable to be considered as if the amendment has not taken place in relation to the pending matters.

3. In view of the importance of the question involved and the repeated nature of it being raised before this Court, the matter was taken up for adjudication in Civil Revision Application No. 859/02 with the assistance of the learned members of the Bar. The matter was decided on 16-8-2002 and this Court has taken a view that the provisions of the amended S.115 with effect from 1-7-2002 shall apply to pending proceedings also. That is to say, the pending proceedings and continuance thereof will have to be considered in the light of the provisions as amended with effect from 1-7-2002.

4. As a consequence to this ruling by this Court, an application is filed in Civil Revision Application No. 57/02 seeking conversion of the Revision Application under S.115 to a petition under Art.227 of the Constitution of India as powers under both the provisions of law are analogous in nature being superintending powers of this Court over the subordinate Courts and consequently such conversion is possible, permissible and should, therefore, be ordered. Again this being an important question of interpretation of powers of this Court, the matter was adjourned till today and the learned Members of the Bar were requested to address the Court on all the aspects of this question. I have heard the learned Counsel on the various facets of the question that is coming up for consideration.

5. This Court has to take into consideration the exercise of its jurisdiction or power of superintendence whether under S.115 of the Code of Civil Procedure or under Art.227 of the Constitution of India . It has been submitted by Shri M. G. Bhangde, the learned Counsel appearing on behalf of the applicants and several other Counsel that such conversion is possible. The submission put in nutshell as canvassed by all the learned Advocates is that the power either under Art.227 or under S.115 being power of superintendence and this Court having held in Revision Application No. 859/02 that a right to apply under S.115 of C.P.C. is no vested right of the litigant it being also the settled law of the country that right to move the High Court under Art.227 also is not a vested right, the right to move the Court for exercise of its power of superintendence is, therefore, a common right. That being the position, this Court is not powerless to order conversion.

6. Reliance was placed on a judgment of this Court in Raghunath Gambhirshet v. Ganpat Motiram reported in AIR 1953 Bombay 284. There a Division Bench of this Court has held that powers conferred