VIRENDRA KUMAR TRIPATHI Vs. NIRMALA DEVI

JUDGEMENT

(1.) These appeals by special leave are directed against the order of the High Court of Judicature at Patna in L.P.A. Nos. 304 and 310 of 2002 dated 22-1-2003 whereby the High Court dismissed the L.P.A. preferred by the appellant herein on the ground that in view of the provisions of Section 100-A of the Code of Civil Procedure inserted by an amendment in the year 2002, no LPA lay.

(2.) It was urged before us by the appellant that the High Court was clearly in error in not entertaining the LPA because it had been filed before the amendment came into force, and in his submission LPAs pending as on the date of the amendment were not affected by the amendment incorporating Section 100A in the C.P.C.

(3.) However, rather than going into the question of the maintainability of LPA, we have treated the special leave petitions as against the judgment and order of the High Court in Misc. Appeal Nos. 462 and 463 of 1997. We have heard learned counsel for the parties at length both on questions of law and fact. We have been taken through the entire evidence as also the judgment of the courts below.