Law:

Section:

(a) Civil Procedure Code (V of 1908)-------Ss. 96 & 115---Remedies of appeal and revision---Object and scope--­Converting of one remedy into the other---Principles---Any person submitting to the jurisdiction of the Court enjoying revisional as well as appellate powers should normally be allowed by such Court a contest on merits upon allowing free intra-Court conversion of remedies---Invocation of remedy of a revision petition or an appeal is regulated under the prescribed provisions of law and each has its well-defined legal parameters---In certain cases scope of one remedy can overlap or can be genuinely mistaken or can even otherwise be confused with the other--­Object of both the remedies is to bestow upon the litigant another tier to seek rectification of the orders/ s/decrees assailed therein--Both the remedies are vehicles to have access to justice and to correct injustice or wrong occurring in adjudication of a subordinate Court---Object of law providing various remedies is to safeguard a legal right and to cure damage done to such right---Denial of anyone remedy is denial of right sought to be enforced---Court should allow conversion of revision into appeal without demur in absence of an insurmountable legal impediment---If a Court under law is the seat of revisional as well as appellate jurisdiction, denial of conversion by such Court, in absence of compelling reasons, amounts to stiffing the remedy otherwise guaranteed to a person under law---Conversion should not be taken to be bounty of Court---Same is a vested right of a litigant to avail the remedy to which he is entitled either through direct institution or through conversion, if the litigant has invoked the wrong remedy or the wrong law. Muhammad Hanif v. Muhammad and others PLD 1990 SC 859 ref. (b) Civil Procedure Code (V of 1908)----- ----Ss. 96 & 115---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Converting of revision into appeal---Grievance of the petitioner was that the Appellate Court had declined to convert his civil revision into appeal--- Reasons advanced by the Appellate Court for declining such conversion was non-affixing of documents with the civil…

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