SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Dharampal Singh, learned Senior Advocate assisted by Sri S. Niranjan, learned counsel for the petitioners and Sri A.S. Azmi, learned counsel for plaintiff-respondent No. 1.
(2.) This petition under Article 227 of the Constitution of India, has been filed praying to set aside the impugned order dated 17.7.2017 passed by District Judge, Hamirpur in J.S.C.C. Revision No. nil of 2017 (Farog Uddin Jafri v. Sumitra Devi (deceased ) and others) , whereby the appeal filed by the respondent-plaintiff under Order 43, Rule 1 (k) C.P.C. within limitation has been permitted to be converted in revision subject to payment of cost of Rs. 150/-.
(3.) Learned counsel for the petitioners submits that the order impugned is wholly illegal and, therefore, it deserves to be set aside. The appeal could not be converted into a revision. Learned counsel for the plaintiff-respondent supports the impugned order.;