Judgment

SINHA, C.J.I. : When we had finished the hearing of the case on December 13, 1962, we intimated to the parties that the appeal was allowed and that our reasons would follow.

2. The only question for determination in this appeal is whether under the provisions of the U.P. Civil Laws (Reforms and Amendment) Act (U.P. XXIV of 1954) - which hereinafter will be referred to as the Act a first appeal in a suit decided prior to the enactment of the Act, involving a valuation of less than ten thousand rupees could be transferred for hearing and disposal to a District Judge or Additional District Judge. The First Additional District Judge, Allahabad, is the first respondent in this appeal and appeared through counsel at the hearing. The other respondents, who were the respondents in the main appeal, have not entered appearance and apparently are not interested in the result of this appeal.

3. In order to bring out the points in controversy between the parties it is necessary to State the following facts. The appellant, as plaintiff, instituted Suit No. 7 of 1949 in the Court of the Civil Judge, Mathura, for possession of certain properties, on January 26, 1949, against respondents 2 a