K.N. SETH, J. :- The following question has been referred to this Bench for its opinion :-

"Is Section 6 of U. P. Act No. 37 of 1972 ultra vires of the Constitution being violative of Article 14 thereof?"

2. Prior to its amendment by S. 6 of the Uttar Pradesh Civil Laws Amendment Act (Act No. 37 of 1972), Section 115 of the Code of Civil Procedure was amended by U. P. Act 14 of 1970. Section 3 of the aforesaid Act provided that for the words 'High Court' wherever occurring in Section 115, the words 'High Court or District Court' shall be substituted, and that at the end the following proviso shall be inserted :

"Provided that nothing in this section shall be construed to empower the District Court to call for the record of any case arising out of an original suit of the value of twenty thousand rupees or above."

3. U. P. Act 37 of 1972 passed by the State Legislature received the assent of the President of India on 12-9-1972 and was published in the U. P. Gazette dated 16-9-1972. A notification under Section 3 (1) of the Act appointing 20-9-1972 as the date of its enforcement was published in the Gazette of the same date. As amended by Sec. 6 of the U. P. Act 37 of 1972, Secti