SATISH CHANDRA, J. : - The learned Single Judge has referred the following question to a Full Bench :

"Does the amendment made in Section 331 of U. P. Act No. 1 of 1951 by U. P. Act No. 28 of 1961 affect or take away the jurisdiction of the Civil Court to try and decide the present suit instituted in 1953 which was pending on the date the amendment in question came into force."

2. In 1953 Fida Husain, plaintiff-appellant, filed a suit in the court of the Munsif, Allahabad, for a declaration that he was the sirdar of the plots mentioned in the plaint. The suit was contested by several sets of defendants on a variety of grounds. None of the defendants, however, pleaded that the civil Court had no jurisdiction to try the suit. The learned Munsif framed 11 issues in the case. Issue No. 11 was whether the suit as framed is not maintainable. The finding given upon this issue was :

"Nothing has been argued upon this issue and I decide it in the negative."

The suit was decreed on 25-9-1963. It was declared that the plaintiff was the sirdar of 13 only of the plots mentioned in the plaint. Aggrieved, both parties filed cross-appeals. Before the lower appellate Court, the question of