JUDGMENT

Satish Chandra, J. - This First Appeal is valued at Rs. 12,883/- both for the purpose of court-fees as well as for jurisdiction. It was heard and disposed of by a Division Bench on 10th July, 1963. The matter was taken up in appeal to the Supreme Court, which on 15th April, 1969, allowed the appeal, set aside the decree of the High Court and remanded the appeal back to the High Court with a direction that the High Court will admit the appeal to its original number and hear and dispose it of according to law. After remand, the appeal was listed before a learned Single judge, who on 24th September, 1971 felt that the appeal having once been heard by a Division Bench, now on remand by the Supreme Court it must be heard and decided by a Division Bench again. In view of this order, the appeal has been placed before us for hearing.

2. On 27th September, 1969, sub-Cl. (aa) was added to Cl. (ii) of R. 2 of Ch. V of the Rules of Court. It states:--

A civil first appeal instituted before the commencement of the U.P. Civil Laws Amendment Act of 1968 from a decree including an appeal arising out of a case instituted in a revenue Court in which the value of appeal for the purpose of jur