Md.Hassimuddin vs Chandra Bahadur Sunwar &
2023 Latest Caselaw 69 Mani

                                                                      56
              IN THE HIGH COURT OF MANIPUR
                        AT IMPHAL

CRP (CRP Art.227) No.46 of 2014

Md.Hassimuddin                                   ... Petitioner

                                -Versus-
Chandra Bahadur Sunwar &
2 Ors                                            ... Respondents

BEFORE HON'BLE MR. JUSTICE A.GUNESHWAR SHARMA 10.2.2023 Heard Mr.H.Dijen, learned counsel for the petitioner and Mr.Ng.Premkumar, learned counsel for the respondents.

On perusal of the proceedings of this Court, it is recorded in the order dated 3.6.2022 that though the matter was heard on merits, Mr.Ng.Premkumar, learned counsel would raise the issue maintainability of the CRP under Article 227 of the Constitution, as the petitioner could have filed a revision under Section 115 CPC. Also in the order dated 22.07.2022 it is recorded that the petitioner would point out that the revision was filed mentioning Article 227 of the Constitution as well as Section 115 CPC.

Mr.Premkumar, learned counsel for the respondents submitted that the petition could have been filed under either Article 227 of the Constitution or under Section 115 of the CPC. Again in the order dated 24.11.2022, Mr.Dijen, learned counsel for the petitioner produced the judgment passed by the Hon'ble Supreme Court in Civil Appeal No.7266 of 2022 wherein it was held that it would be permissible to convert a petition under Article 227 of the Constitution into one under Section 115 CPC.

Again in the order dated 12.1.2023, it was recorded that contradictory judgments or coordinate Benches are there in the subject matter.

After hearing the learned counsel for the parties, this Court frame the following preliminary issues:

"1. Whether the revision petition filed under Article 227 of the Constitution if maintainable or nor?

2. Whether the revision petition filed under Article 227 of the Constitution can be converted into a revision petition filed under Section 115 CPC or vice versa?"

Fix on 17.03.2023.

JUDGE

Priyojit

RAJKUMA Digitally signed by RAJKUMAR R PRIYOJIT PRIYOJIT SINGH Date: 2023.02.13 SINGH 14:57:27 +05'30'