- It is settled law that if an appeal is filed which was not otherwise competent and the period of limitation is available and if the Court comes to the conclusion that the order has been passed in violation of law and the subordinate Court has failed to exercise the jurisdiction vested in it, then the appeal may be converted into revision petition. The appellate Court may exercise revisional jurisdiction and decide the same while treating it as a revision petition. Abdul Karim v. Sain & 11 others 2016 SCR 1321 (D)
- See. Maneeza Begum v. Maqsood Bi & 16 others 2016 SCR 1567(B)
- —Principle—section 9, Specific Relief Act, 1877—Suit for possession—no appeal lies—Contention: that appeal was inadvertently filed and it was incumbent upon the District Judge to convert the appeal into revision petition—question arises whether the appeal can be converted into revision petition or not—Held: It is by now almost settled that if an appeal is filed by a party, which is otherwise not competent under any statutory provision and the prescribed limitation is available and the Court seized with the matter comes to the conclusion that the order passed by the trial Court is in violation of the statutory provision or the subordinate Court has failed to exercise the jurisdiction vested in it, then the Court may convert the appeal into revision petition, however, in the instant case, nothing has been brought on record that the plaintiff-appellant had ever made any request or filed any application before the District Judge for treating the appeal as revision petition within prescribed period of limitation, thus, after expiry of the period of limitation, the appeal could not be converted into revision petition. Appeal dismissed M. Arif Khan v. Mst. Shabina Kousar & 24 others 2020 SCR 165 (C) 2016 SCR 1321 rel
error: Content is protected !!