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1957 Supreme(All) 271

M.C.DESAI, NASIRULLAH BEG
New Singhal Dal Mill – Appellant
Versus
Firm Sheo Prasad Jainti Prasad – Respondent


Advocates:
A. Banerji and K.C. Agarwala, for Applicant; Gopal Behari and Virendra Swarup, for Opposite Party,

Judgement

M. C. DESAI, J. :-

This is an application for revising under S. 25 of the Small Cause Courts Act a decree passed by a Court of small causes. The decree was passed on 27-4-1957 in a suit instituted in 1956 in the Court of Small Causes. Section 25 of the Small Cause Courts Act as it then existed laid down that the High Court for the purposes of satisfying itself that a decree or order made in any case decided by a Court of small causes was according to law, might call for the case and pass such order with respect thereto as it thought fit.

The U. P. Legislature passed the Provincial Small Cause Courts (U. P. Amendment) Act (No. 17 of 1957), which amended S. 25 by substituting the words "the District Judge" in place of the words "the High Court", "himself" for the word "itself" and "he" for "it". The U. P. Act received the Presidents assent on 30-5-1957 and was published in the Gazette of 4-6-1957. It was to come into force at once; so it came into force on 4-6-1957. The present application was filed in this Court on 27-7-1957 and a preliminary objection has been raised by the opposite party to its maintainability.

The opposite party pleads that after the amendment of S. 25 no








































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