JUDGMENT - R.A. JAHAGIRDAR, J.:---The facts involved in this petition are few and the point of law that arises for our determination is also a simple one. Though this civil revision application which could have been in the normal course disposed of by the Single Judge it has found its way before the Division Bench because it was thought that a judgment of a Single Judge of this Court requires a second look in the context of the amendment of section 41 of the Presidency Small Causes Courts Act, 1882, hereinafter referred to as "The Small Causes Court Act". That judgment is delivered by D.N. Mehta, J., on 5/6 February, 1981 while disposing of the Notice of Motion No. 1310 of 1980 (Chamanlal Dutta v. Jharna Ghosh)1, on the file of this Court. One would have normally thought that the point which arose in this petition has been settled finally as far as this Court is concerned by the judgment of the Division Bench of this Court in (Shiavax C. Cambata v. Sunderdas Ebij)2, 52 Bom.L.R. 381. However, in view of the large scale amendment that was made by the Bombay Legislature by substituting a new chapter, being Chapter VII in place of the Original Chapter VII of the Small Causes Courts Act

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