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Judgment
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Rekha Borana, J
In the present appeal, the office has pointed out an objection to the effect that the case type as mentioned is not correct.
An application under Section 151 of the Code of Civil Procedure has been preferred on behalf of the appellant with a submission that the said office objection be overruled as the present impugned order has been passed by the District Court in a matter pertaining to Section 272 of the Indian Succession Act, 1925 (hereinafter referred to as 'The Act of 1925') and an appeal in terms of Section 299 of the Act of 1925 would lie only against the same.
In the alternate, counsel prayed that if the Court reaches to the conclusion that a revision would lie against the order impugned, the present appeal be directed to be converted into a revision petition.
A perusal of Section 299 of the Act of 1925 makes it clear that the same would not apply to the present matter as the order impugned is an order passed on an application under Order VII Rule 11 of the Code of Civil Procedure and not on any application filed under the provisions of the Act of 1925.
The office objection is therefore, sustained. However, keeping into consideration, the alternate prayer as made by the counsel, the present appeal is permitted to be converted into a Revision Petition. Office to register the present first appeal as a revision petition. For statistical purposes, the present first appeal and stay application stand disposed of.
The application is disposed of accordingly.