LAXMI KANT UPADHYAY Vs. DEV NARAYAN MISHRA

JUDGEMENT

(1.) THIS first appeal has been filed against the judgment and decree dated 24 -7 -2001 passed by Additional District Judge, Allahabad, in suit No. 38 of 1986 by which the suit for eviction from the shop in dispute and for recovery of arrears of rent has been decreed. At this time of admission of the appeal Sri O.P. Gupta, learned Counsel for the respondent appeared and raised a preliminary objection that this appeal is not maintainable. On this objection it was ordered that the record be summoned and thereafter it be listed for admission. The record of the case has been received. I also called for the report from the District Judge, Allahabad regarding the nature of the suit, who has sent a report that this suit was registered as regular suit in register form No. 3 maintained for regular suits. The original register form No. 3 maintained for regular suit in the Court of District Judge in which it was registered has also sent, which show that this suit was registered as regular suit. The question, therefore, is whether the first appeal under Section 96 C.P.C. is maintainable or a revision under Section 25 Provincial Small Causes CourtsAct could be filed.

(2.) I have heard Sir Ravi Kiran Jain, Senior Advocate for the appellant and Sri O.P. Gupta, learned Counsel for the respondent.

(3.) FROM the above facts born out from the records, it is clear that the suit was filed as regular suit and was registered as such. There is also no dispute about the fact that the suit is of the nature of small cause triable by Judge Small Cause Court. There is no dispute that after amendment in the Provincial Small Cause Courts Act and Bengal, Agra and Assam Civil Courts Act, the present suit is triable as Small Cause suit. The suit upto the valuation of Rs. 25,000 are triable by Judge Small Causes/Civil Judge and above the same are triable by District Judge/Additional District Judges.