( 1. ) THIS Letters Patent Appeal is filed against the judgment and decree passed in First Appeal No. 10 of 1982 arising out of the judgment and decree dated 19-6-82 passed by Third Additional Judge to the Court of District Judge, Gwalior.

( 2. ) OBJECTION is raised by the respondents as to maintainability. The appeal was finally heard and decided on 4-9-96 [1997 (1) Vidhi Bhasvar 255]. After its decision an application for restoration was filed as some of the respondents were not served and appeal came up for hearing. After restoration of appeal the case was listed again and objection is raised that in view of amendment in Section 100-A of Code of Civil Procedure this appeal is not maintainable. This appeal is filed against that order.

( 3. ) IT is to be examined whether the appeal is now maintainable in view of amended Section 100-A of Code of Civil Procedure came into force w. e. f. 1st July, 2002. Section 100-A is reproduced below:-

"100-A. No further appeal in certain cases.-- Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an ori