Arun Shukla vs Pouranik Ram Shukla
2023 Latest Caselaw 5869 MP

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                ON THE 11 th OF APRIL, 2023
                                               MISC. APPEAL No. 5048 of 2022

                           BETWEEN:-
                           ARUN SHUKLA S/O LATE SHRI DURGA PRASAD
                           SHUKLA,   AGED  ABOUT   45   YEARS, VILLAGE
                           CHAPARWAH SHYAM PRASAD MUKHERJEE WARD NO.-
                           36 TEHSIL AND DISTRICT KATNI M.P. (MADHYA
                           PRADESH)

                                                                                        .....APPELLANT
                           (BY SHRI ISHAN SONI - ADVOCATE)

                           AND
                           1.    POURANIK RAM SHUKLA S/O LATE SHRI
                                 BABULAL SHUKLA, AGED ABOUT 70 YEARS,
                                 VILLAGE CHAPARWAH TEHSIL AND DISTRICT
                                 KATNI M.P. (MADHYA PRADESH)

                           2.    MUNICIPAL CORPORATION KATNI THROUGH
                                 COMMISSIONER MUNICIPAL CORPORATION
                                 KATNI DISTRICT KATNI (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (RESPONDENT NO.1 BY SHRI B.K.UPADHYAYA - ADVOCATE)
                           (RESPONDENT NO.2 BY SHRI SHREYAS DUBEY - ADVOCATE)

                                 This appeal coming on for admission this day, th e court passed the
                           following:
                                                             ORDER

This Misc. Appeal under Order 43 Rule 1(r) of the C.P.C. has been filed against the judgment dated 30.9.2022 passed by III District Judge Katni in M.J.C.No.14/2015 by which an application under section 307(5) of the Municipal Corporation Act has been allowed.

A preliminary objection has been raised by the counsel for the Signature Not Verified Signed by: HEMANT SARAF Signing time: 12-04-2023 10:35:57

respondent no.1 that Misc. Appeal under Order 43 Rule 1(r) CPC is not maintainable whereas a civil revision should have been filed under section 392 of the M.P. Municipal Corporation Act.

Faced with such a situation counsel for the appellant prays for time to move an application for conversion of this Misc. Appeal into Civil Revision and, in the alternative, he also made a verbal prayer that since an objection has been raised with regard to maintainability and in the light of section 392 a civil revision would lie, therefore, his verbal prayer for conversion of this Misc. Appeal into Civil Revision under section 392 of the M.P. Municipal Corporation Act may be considered and allowed.

Considered the submissions made by counsel for the appellant. A legal objection has been raised with regard to maintainability of this Misc. Appeal. It is submitted that in fact a civil revision under section 392 of the M.P.Municipal Corporation Act would lie. Undisputedly, even civil revision would lie before this Court. Accordingly, the verbal prayer made by counsel for the appellant for conversion of this Misc. Appeal into Civil Revision is hereby accepted.

Office is directed to register this case as Civil Revision under section 392 of the M.P.Municipal Corporation Act.

List the said case for further orders.

With aforesaid observation, this Misc. Appeal is finally disposed of.

(G.S. AHLUWALIA) JUDGE HS

Signature Not Verified Signed by: HEMANT SARAF Signing time: 12-04-2023 10:35:57