(1.) Naubat Singh, the opposite party on 10-1-1966 filed a suit for recovery of Rs. 500/- on the basis of a parole loan in the Nyaya Panchayat. The Applicant contested the suit. He denied having borrowed any money from the Plaintiff. Subsequently, acting Under Section 85 UP Panchayat Raj Act 1947 the Munsif, Ghaziabad withdrew the suit from the jurisdiction of the Nyaya Panchayat and transferred it to the 3rd Addl. Munsif, Ghaziabad for trial. This Munsif on 20-12-1966 dismissed the suit on the finding that the Plaintiff had failed to prove the loan. The Plaintiff filed an appeal which succeeded. On 17-3-1967 the Judge Small Cause Court, Meerut, allowed the appeal and decreed the suit on the finding that the advance of Rs. 500/- to the Defendant had been established. Aggrieved the Defendant has come up to this Court in revision. At the hearing of the revision the only point urged by the learned Counsel for the Applicant was that no appeal lay against the decree of the learned Munsif under the provisions of the Panchayat Raj Act. Considering the question to be one of general importance the learned Single Judge has referred the matter' to a larger Bench. That is how this matter has come up before this Bench.
(2.) Section 85 UP Panchayat Raj Act provides for transfer of cases from Nyaya Panchayat. In a civil case a Munsif can at any stage withdraw the suit and
(3.) The Panchayat Raj Act does not make any provision regarding the appealability of an order passed by the Munsif. The jurisdiction has been conferred on the Munsif as a court and not by way of a persona designata. In our opinion, the Munsif, while trying or disposing of the suit would--act as a Court of Munsif and would exercise the jurisdiction conferred on him by the Bengal, Agra and Assam Civil Courts Act and would hence be governed by the provisions of Code of Civil Procedure both in the matter of procedure to be followed by him as well as in relation to the appealability of the orders passed-by him during the trial of the suit as well as the decree passed by him. Once the Munsif disposes of the suit his order would be a decree within meaning of the Code of Civil Procedure and would be appealable Under Section 96 thereof. As such the appeal was validly filed before the lower appellate Court.