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1974 (5) TMI 119

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..... t was valued at less than ₹ 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 regular courts to the court of small causes provided the recording of evidence had .....

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..... 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 appeal should be heard by a larger Full Bench, the learned Judge referred the appeal i .....

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..... t 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 learned counsel for the appellant prayed that the memorandum of appeal be permitt .....

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..... not think that this is a fit case where the prayer for conversion of the appeal into a revision should be sustained. We, therefore, decline to convert the appeal into a revision. 7. After the hearing was over, learned counsel for the appellant submitted a note containing references of four authorities. Having perused them we find that they are not relevant or material on the question of the mai .....

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