JANARDAN PRASAD Vs. KALINDRI PRASAD

JUDGEMENT

(1.) This civil revision filed by the defendant is directed against an order of the IV Additional Civil Judge, Kanpur, refusing to entertain an appeal against the judgment and decree passed by the Munsif in the following circumstances.

(2.) The plaintiff brought a suit for recovery of Rs. 90 on the basis of a parole debt in the Nyaya Panchayat. This case, on an application made by the defendant under Sec. 85 of the U.P. Panchayat Raj Act, was withdrawn by Munsif Havali, Kanpur, and was then sent for trial to the court of the IV Additional Munsif who tried the suit and decreed it. The defendant filed an appeal but the learned IV Additional Civil Judge, Kanpur, dismissed it on the ground that the appeal was not maintainable as the Munsif who heard the case heard it as a special court constituted under Sec. 85 of the U.P. Panchayat Raj Act and as there was no provision in the said Act for filing an appeal the appeal is not maintainable. It is against this order that the present revision has been filed.

(3.) It has been contended by Sri M. M. Gopal, learned counsel for the applicant that after a suit is withdrawn from a Nyaya Panchayat under the orders of a Munsif the Munsif who tries the suit does it as a Munsif exercising jurisdiction under the Bengal, Agra and Assam Civil Courts Act and not as a special Munsif and consequently the judgment and decree in such a suit is appealable under the provisions of the C.P.C.