LEELA MATHEW Vs. P V KRISHNAMOORTHY

JUDGEMENT

(1.) The registry has rightly refused to number the case as a second appeal. The suit was filed for realisation of Rs.13,600/-. Though the trial Court decreed the suit, the lower appellate Court reversed the judgment and decree of the trial Court. The second appeal was filed on 1-7-2002 on which the date the Code of Civil Procedure Amendment Act, 2002 came into force. Section 102 of the Code, as amended, reads as follows :

(2.) The learned Counsel appearing for the appellants brought to my notice the decision of the Supreme Court in Garikapati v. Subbiah Choudhry, AIR 1957 SC 540, where the Supreme Court has held as follows :

(3.) The question therefore is whether there is anything in the Amendment Act which takes away the vested rights of the plaintiff to take the matter in second appeal; as on the date of the filing of the suit, he had that right. Section 16(2)(a) of the Code of Civil Procedure (Amendment) Act, 2002, reads as follows :