UNITED SERVICE CLUB Vs. AMITA BARLOW

JUDGEMENT

(1.) B. K. Rathi, J. The Civil Judge (Junior Division) Kanpur Nagar passed an order on 26-7-2002 in Misc. Case No. 9/74 of 2000. The suit giving rise to the Misc. Case was valued at Rs. 450 only. Undisputedly this revision challenging the aforesaid order, would not have been maintainable before the High Court and would be maintainable before the District Judge before CPC Amendment Act (Central Act 22 of 2002 ).

(2.) IN fact it was originally filed before the District Judge who refused to entertain it in view of the said amendment by an almost non-speaking order dated 24-8-2002. It would have been appreciated if the learned District Judge while dealing with such a vital question of law of general importance would have been more lucid and given a minimum of reasons in support of the view taken by him. Therefore now this revision has been filed here. The learned Counsel for the revisionist does not challenge the view taken by the District Judge, but the Stamp Reporter of the High Court has, in his report, raised the objection that the revision is not maintainable here and is maintainable before the District Judge. IN view of this objection it has become necessary to examine the post-2002 amendment legal position regarding Section 115 CPC.

(3.) IMMEDIATELY before the enforcement of Central Amendment Act 22 of 2002, in this State of Uttar Pradesh, Revisions arising out of suits upto the valuation of Rs. One lakh lay before the District Judge in view of the U. P. Act No. 31 of 1978. The revisions from suits of higher valuation lay before the High Court. By the Central Act 22 of 2002 no amendment has been made to Section 115 of the 'principal Act' but Section 16 (1) of the said Act is as follows: 16. Repeals and savings.- (1) Any amendment made, or any provision inserted in the principal Act by a State Legislature or High Court before the commencement of this Act shall, except in so far as such amendment or provisions are consistent with the principal Act as amended by this Act, stand repealed. " "principal Act" according to Section 2 of the Act No. 22 of 2002 means the Code of Civil Procedure, 1908.