D.K.Arora, J. - (1.) THIS appeal has been preferred from the judgment and order dated 27.4.2009 passed by the concerned Family Court, Allahabad for converting the proceeding under Section 9 of the Hindu Marriage Act for restitution of conjugal rights to a proceeding of divorce under Section 13 therein. By preferring this appeal, the appellant has contended before this Court that the application for amendment was not made by the respondent herein following the provisions of Order 6 Rule 17 of the C.P.C. No evidence was led, no opportunity was given and the amendment was allowed as a matter of course. Upon going through Order 6 Rule 17 made for amendment in pleadings, we find that the court is empowered to alter or amend the pleadings under the circumstances to determine the real question in controversy between the parties. Prima facie, according to us, there is a gulf difference between the amendment of pleadings and conversion of proceedings, therefore, we find that the appellant is entitled to get an order of admission of appeal at this stage staying the proceedings pending before the court below and, accordingly, the appeal is admitted. Issue notice upon the respondents by registered post with acknowledgement due within a period of one week from this date returnable four weeks hence. We stay the further proceedings before the court below till further order/s to be passed by this Court. Lower court record will be brought within a period of 15 days from this date and will be placed before this Court on the next date of hearing positively.;