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1961 Supreme(All) 123

M. C. DESAI, T. RAMABHADRAN
KUNMUN SINGH – Appellant
Versus
RAM SEWAK – Respondent


Advocates Appeared:
R.S.PATHAK, Sita Ram Dwivedi

DESAI, C. J.

( 1 ) THIS is an application by a defendant in revision of a decree passed by a Civil Judge on appeal. The suit was filed by the opposite party against the applicant on 28-2-56 for recovery o Rs. 1700 and odd, and was dismissed by the trial court on 20-9-58. The opposite party filed an appeal and the appellate court allowed it on 13-4-60 and decreed the suit. This application was filed on 15-7-60 for revision of the decree of the appellate court.

( 2 ) PRIOR to 1954 the law was (vide Section 102, C. P. C.) that a second appeal would lie in a suit "cognizable by Courts of Small Causes when the amount or value of the subject-matter of the original suit" exceeded Rs. 500/ -. Admittedly the present suit was of the nature cognizable by a court of small causes, and since the amount of the subject-matter exceeded Rs. 500/- a second appeal was maintainable according to the law in force prior to 1954- In 1954 the State Legislature passed an act increasing the limit of Rs. 500/- to Rs. 2000/-; the Act was reserved for the consideration of the President and received his assent The effect of this amendment was that no second appeal would lie in the suit, because the subject-matter









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