JACOB GEORGE Vs. JACOB CHERIYAN

JUDGEMENT

(1.) These appeals are filed against the judgment in A.S.No.95 of 2001 and A.S. No.37 of 2001 of this Court. Appeals were filed on 14.8.2002 and they were filed against the judgment dated 12.4.2002. Office raised objection that appeals were not maintainable in view of S.100A of the Code of Civil Procedure. The matter was placed before the Bench.

(2.) Learned counsel for the respondent brought to our notice a Full Bench decision of this Court in Kesava Pillai v. State of Kerala, 2004 (1) KLT 55 , wherein it has been held that no further appeal under S.5(ii) of the Act is maintainable from the judgment, decree or order passed by a Single Judge under S.3(13)(b) after 1.7.2002 in view of the amended S.100A of the C.P.C. inserted by Act 22 of 2002.

(3.) Learned counsel for the appellant submitted that the Full Bench decision has not considered the question whether the amendment is retrospective or not. According to the learned counsel, the amendment is prospective and hence, the appellant, as a matter of right, is entitled to file appeal before the Division Bench under S.5 of the Kerala High Court Act. Learned counsel for the appellant also cited various decisions to show that the right of appeal is substantive and that cannot be taken away unless there is express provision for that.