P.K. Balasubramanyan, J.

A.S.700 of 1999 was an appeal filed by the defendant in a suit for specific performance. The suit was decreed by the trial court. When the matter came up for admission, the plaintiff-respondent who had appeared submitted that the appeal itself may be heard and a decision taken one way or the other. With the consent of both the parties, the appeal itself was then heard after giving counsel time to get ready. By judgment and decree dt.14.12.1999 the appeal was dismissed finding that the trial court was right in granting a decree. This petition is filed by the defendant-appellant for a review of the judgment.

2. The only ground raised in the petition for review is that the appeal A.S.700 of 1999 ought not to have been heard by a Division Bench. According to counsel, by the Division Bench hearing the appeal the appellant was deprived of the opportunity of filing Letters Patent Appeal under S.5(ii) of the High Court Act and this amounts to discrimination. The further contention raised is that by virtue of the amendment of the Civil Courts Act raising appellate jurisdiction of the District Court to Rs. 2 lakhs, there is an implied repeal of the Kerala H