PARSIDH NARAIN PANDEY Vs. KALAPNATH AND ANR.

JUDGEMENT

(1.) The following question has been referred to this Bench for its opinion: - -

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

(3.) U. P. Act 37 of 1972 passed by the State Legislature received the assent of the President of India on 12 -9 -1972 and was published in the U. P. Gazette dated 16 -9 -1972. A notification under Sec. 3 (1) of the Act appointing 20 -9 -1972 as the date of its enforcement was published in the Gazette of the same date. As amended by Sec. 6 of the U. P. Act 37 of 1972, Sec. 115, Civil Procedure Code now reads: - -