1974 (5) TMI 119

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....arrears of repairs and damages, instituted in the court of Munsif, Allahabad. The suit was valued at less than Rs. 2,000/-. Before evidence in the suit could begin the U. P. Civil Laws Amendment Act, 1972 came into force. Under it suits for ejectment and recovery of arrears of rent and damages became small causes in nature. Section 9 of the Act provided for the transfer of such suits pending in re....

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....e learned Single Judge, however, heard the appeal on the question that the decree passed by the trial Court was without jurisdiction and a nullity. He found that conflicting inferences could be drawn from different Full Bench decisions of this Court, and in view of the importance of the question involved in the context of the new Civil Laws Amendment Act, 1972, it was a fit case in which the appea....

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....mall Cause Court and was liable to be transferred to it from the regular side, but nonetheless, it continued to retain its nature, namely, small causes. In that event Section 102 which applies to suits of the nature of small causes but which are tried on the regular side, is fully applicable. Under it no second appeal lies. The present second appeal is clearly in competent. 6. At this stage ....