PARSIDH NARAIN PANDEY Vs. KALAPNATH

JUDGEMENT

(1.) THE following ques tion has been referred to this Bench for its opinion: -

(2.) PRIOR to its amendment by S. 6 of the Uttar Pradesh Civil Laws Amendment Act (Act No. 37 of 1972), Section 115 of the Code of Civil Procedure was amended by U. P. Act 14 of 1970. Sec tion 3 of the aforesaid Act provid ed that for the words 'High Court' wherever occurring in Section 115, the word 'High Court or District Court' shall be subs tituted and that at the end the following proviso shall be inserted:

(3.) IT was contended that Section 6 of the Amending Act results in discrimina tion and is ultra vires of the Constitution being violative of Article 14 thereof. It was urged that suits valued at less than twenty thousand rupees are tribal not only by a Civil Judge but also by a District Judge. If such a suit is tried by the Civil Judge after the coming into force of the Amending Act, 1972, a party has a right to challenge the decision by filing a revision before the Dis trict Judge, but if the same suit is tried by the District Judge, no revision would be maintainable. Similarly if a suit is tried by a Munsif, an appeal against his decree could be heard either by a Civil Judge or by a District Judge. An order passed by a Civil Tudse in his isolate jurisdiction could be challenged before the District Judge in revi sion but no revision would be maintainable if the order is passed by a District Judge in an appeal against the decree of a Munsif. It was further contended that if a part of the suit property is in Uttar Pradesh and part of it is in some other State, a party under the law can institute the suit in either of the two States. If the suit is instituted in a State other than Uttar Pradesh, the right of revision of the party remains unaffected but if the suit is filed in the State of Uttar Pra desh he may be totally deprived of his right to approach to superior Court in revision. The discrimination resulting from Sec. 6 of the Amending Act renders that provision ultra vires as being violative of Art. 14 of the Constitution.