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1983 Supreme(MP) 230

G.P.SINGH
LAKHMICHAND – Appellant
Versus
MITTHU – Respondent


Advocates Appeared:
P.C.Naik, Ravish Agrawal

G. P. SINGH, C. J.

( 1 ) THE facts leading to this revision are that the applicant in this revision instituted a suit against the non-applicant for recovery of Rs. 1895/- on 24-81976. The trial Court dismissed the suit on 28th June, 1978. The applicant then preferred an appeal before the Additional District Judge, Sagar, being Civil Appeal No. 23-B of I97s, which was dismissed by the judgment and decree dated 25-11-1981 on the ground that it was not maintainable under Section 96, C. P. C. as amended by the Code of Civil Procedure (Amendment) Act, 1976, for the reason that there was no question of law involved in the appeal. It is this judgment of the Additional District Judge which is challenged in this revision by the plaintiff,

( 2 ) THE argument of the learned counsel for the plaintiff is that the suit was instituted before the coming into force of the Amendment Act of 1976 and that the right to prefer an appeal in accordance with, unamended Section 96 accrued to the plaintiff on the date of institution of the suit and this right has not been affected by the Amendment Act.

( 3 ) IT is well settled that the right of appeal accrues to the parties to the suit on the date of the inst





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