( 1 ) THE petitioner herein is the original plaintiff and the opponent is the original defendant. The suit out of which this Revision Application arises was filed originally in the Court of the Civil Judge S. D. Mehsana; and it was filed as a Small Cause Suit. By an order of the learned District Judge dated December 6 1965 this particular Small Cause Suit along with several other Small Cause Suits was transferred from the file of the Civil Judge S. D. to the file of the Second Joint Civil Judge J. D. Mehsana. The second Joint Civil Judge J. D. thereafter heard the case and feeling that as he himself had no small cause powers the case should be tried as a Regular Suit he heard it in the regular manner like a Regular Suit and not under the special procedure prescribed for small cause suits. The learned trial Judge dismissed the plaintiffs suit and against that decision there was an appeal to the District Court. The appeal was disposed of by the learned Assistant Judge Mehsana and the learned Judge in the lower Appellate Court held that no appeal lay because of the different provisions of law and particularity in the light of the provisions of sec. 27 of the Provincial