Heard learned counsel for the parties.
Suit filed by the petitioner seeking cancellation of the sale deed executed by the defendantrespondent no. 1 in favour of the defendantrespondent no. 2 was dismissed on a preliminary issue that the suit is barred by Section 331 of the U.P. Zamindari Abolition & Land Reforms Act. The order was to put to challenge by the plaintiffpetitioner by filing a revision. After the revision was filed, the petitioner was advised that the same has wrongly been filed as it was not maintainable and appeal ought to have been filed. Thereafter, the petitioner moved an application for conversion of the revision into an appeal. By means of the impugned order, the said application has been dismissed.
It has been contended by learned counsel for the petitioner that the revision was filed on a wrong legal advice and since the appeal is maintainable, the court below has wrongly dismissed the application of the petitioner for converting it into an appeal.
In reply, Sri Anupam Kulshreshtha, learned counsel for the respondents states that revision cannot be permitted to be converted into appeal as the question of limitation may arise.
I have considered the argument advanced by learned counsel for the parties and perused the record.
Be that as it may, the question of considering the limitation does not arise at this stage. This Court see no reason why the court below could not have permitted for conversion of the revision into an appeal on an application filed by the petitioner.
In view of the above, the impugned order dated 13.10.2009 cannot be sustained and is hereby quashed.
The petition stands allowed.
The court below is directed to permit the petitioner to convert the civil revision into an appeal and proceed thereafter. It shall be open to the defendantsrespondents to raise all such objections including that of imitation, as may be available to them under the law, after the revision is converted into an appeal.
Order Date :- 25.1.2010 nd