ORDER :- This is a revision of the husband against the judgment of the District Judge, Aligarh. The applicant had filed an application for divorce under Section 13 of the Hindu Marriage Act and in the alternative for judicial separation on the ground of desertion, cruel treatment, callous behaviour of the opposite party and leading an immoral and adulterous life. Opposite party contested the application. The application was decided by the Judge Small Causes Court, Aligarh and was dismissed. An appeal was filed against the judgment of tie trial Court. Learned District Judge converted the appeal into revision holding that the appeal was not maintainable. Learned District Judge, however, disposed of the revision on merit and dismissed the revision. Hence this revision by the husband.

2. First contention of the learned counsel for the applicant is that the Court below was wrong in holding that no appeal lay. His contention is that Section 28 of the Hindu Marriage Act provides an appeal from the decree of the trial Court and the power of an appeal provided by the special Act could not be taken away because the decision was given by a Judge who was described as Judge Small Causes Court. H

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