( 1 ) THIS matter was filed as a revision under Section 115 C. P. C. Office made a report to the effect that a revision did not lie but that a second appeal lay.

( 2 ) LEARNED counsel contested this Office report and he argued that the office was wrong in its view that a second appeal lay, for, according to learned counsel, the amendment made by parliament on which the Office relied had no application. It is necessary in Order to decide the controversy to state the facts in some detail.

( 3 ) A suit was filed in the Court of the Munsif of Kanauj sometime in 1958 for the recovery of Rs. 1,600/ -. The suit was decreed on the 29th August, 1959 by the learned Munsif. An Appeal was filed against the decision of the Munsif and the appeal was valued at Rs. 1,600/ -. The appeal was dismissed on the 2nd of June, 1960.

( 4 ) SECTION 102, Civil P. C. , as it stood originally, namely before the two amendments, one by the state in 1954 and the other by Parliament in 1956, was in these words:

"no second appeal shall He in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed five hundred rupe