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1961 Supreme(All) 199

M. C. DESAI, T. RAMABHADRAN
SARJUDEI – Appellant
Versus
RAMPATI KUNWARI – Respondent


Advocates Appeared:
AMBIKA PRASAD, K.C.SAXENA

DESAI, C. J.


( 1 ) IN this and connected first Appeals, which are pending in this court since 1950 or 1951 and arise out of suits instituted in 1948 or there about, this Court has on its own motion issued a notice calling upon the parties to the appeals to show cause why they should not be transferred by it under Section 24, C. P. C. to the courts of the District Judges concerned for disposal. The subject-matter of appeal in each of the appeals is valued at more than Rs. 5,000/- and less than rs. 10,000/ -. The appeals were instituted in this court because under the Bengal, Agra and assam Civil Courts Act, 1887, Section 21 (1) (b), as it was in force on the dates of the institution, they lay in this Court end not in the courts of the District Judges. With effect from 30-11-1954, section 21 (1) (b) has been amended by the U. P. Civil Laws (Reforms and Amendment) Act (No. XXIV of 1954), vide serial No. 4 of the Schedule, and the limit to the value of the original suit in which a decree appealable to the District Judge can be passed is raised from Rs 5,000/- to Rs. 10,000/ -. The consequence of the amendment is that now similar appeals would lie in the court of the district Judge. Se
















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