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1941 Supreme(Oudh) 49
HIGH COURT OF OUDH
Agarwala, J.
B Anand Behari Lal - Appellant
Versus
Mathura Prasad - Respondent
Decided On : 18-07-1941
JUDGMENT
Agarwala, J - This is a miscellaneous appeal under Section 45(2-a), Encumbered Estates Act, against an appellate order passed by the District Judge of Lucknow affirming an order passed by the Assistant Collector, second grade. A preliminary objection has been taken that no appeal lies. The order of the Special Judge, Second Grade, was passed on 12th April 1939 and the appeal was decided by the District Judge on 7th November 1939. The present appeal was filed on 15th December 1939. Under the Encumbered Estates Act, before it was amended by Act 11 of 1989, an order passed by a District Judge in appeal was final and was not subject to either appeal or revision. It is argued that the appellate order in this case was passed after Act 11 of 1939 had come into force and so an appeal is maintainable, but a right of appeal is governed by the law prevailing at the date of the institution of the suit and not by the law prevailing at the date of the decision of the suit or at the date of the filing of the appeal. Under the law as it stood when the Special Judge decided the case, no second appeal lay. I am therefore of opinion that the appeal is not maintainable and I dismiss it with costs.
