( 1 ) THIS revision arises out of a suit filed as far back as 1941 in the Court of the city Sub-Judge, Lashkar. The suit involved a small claim of Rs. 360/ -. It was at first filed, as stated above in the Court of the City Sub-Judge, Lashkar, on 12th november 1941. During the pendency of the suit, Act No. 4 of 1942 was passed creating Small cause Courts in the former State of Gwalior with a maximum jurisdiction of Rs. 200/ -. The suit, however, continued to be before the Sub-Judge, lashkar, and it does not appear that it made much progress. In 1949, Ordinance no. 36 of 1949 was promulgated in the State of Madhya Bharat which created a small Cause Court at Gwalior with a jurisdiction of Rs. 500/ -. The Sub-Judge, lashkar, who seems to have kept this case pending on his file all these years, transferred it to the Small Cause Court for disposal and in due course a decree was passed on 25th July 1951 decreeing the claim of the plaintiff. Against the decision an appeal was taken by the present applicant before the District Judge, gwalior. He contended, inter alia, that when the suit was filed he had a right of appeal which could not be taken away and the appeal was therefore competent.

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