1980 Supreme(MP) 308

M. L. Malik, J.
Shri Krishan v. Moorti Shri Gopalji Maharaj.
Misc. A. No. 243 of 1979 (I); Decided on 29-9-1980.

Headnote:(1) Civil P. C., 1908 -- S. 2 (2) -- decree -- definition of -- amendment incorporated by Act, 104 of 1976 -- whether has taken away the vested right of appeal.

        (2) Appeal -- nature of the right -- what is.

        A compromise decree was passed in an eviction suit in August. 1971. The tenant was given facility of instalments to clear off the money part of the decree. The decree-holder-landlord filed an execution application complaining that the tenant judgment-debtor had committed defaults in payment of instalments. The judgment-debtor raised various objections under section 47 of the Code of Civil Procedure apart from pleading that no default had been committed by him.

        Held : The Executing Court dismissed the objection. An appeal was preferred by the judgment-debtor. By the impugned order, the Court of the Additional District Judge, Indore, held that no appeal lay in view of section 2 (2) of the Code of Civil Procedure as it stood amended by Act No. 104 of 1976. The judgment debtor has come up in Miscellaneous appeal against this order.

        The appeal must be accepted. The Division Bench of this Court in Chuluram Hariram v. Bharatram (1979 JLJ 730) has held that the vested right of appeal is not affected by amendment made in section 2 (2) of the Code of Civil Procedure. 1979 JLJ 730 relied on. Appeal allowed.