Honble GUPTA, J.–Heard learned counsel for the appellant.

(2). Two questions have been mainly argued by the learned counsel for the appellant.

(3). First being that the impugned judgment and decree passed by the learned lower appellate court is wholly without jurisdiction in view of Ordinance No. 2/1992.

(4). The submission of the learned counsel for the appellant is that according to Sec. 21, after amendment, the appeal against judgment and decree of the Munsif could not be heard by a Civil Judge, as the appeal according to Section 21, can be preferred to a District Judge and even u/S. 24, the appeals cannot be transferred unless transferee court is competent to hear the appeals, and since there is no Notification issued by the High Court, with previous approval of the State Government, u/S 21 authorising the Civil Judge to hear the appeals, the transferee court itself being incompetent, the impugned judgment and decree is thus without jurisdiction.

(5). Learned counsel in this regard placed reliance on the Judgment of this Court in Tara Chand & Ors. vs. Shradhanand & Ors. (1). Having gone through the judgment, in my view, on facts this judgment is of no assistance to the learned cou

Click Here to Read the rest of this document