SHIVRAJ SINGH Vs. NABAB SINGH

JUDGEMENT

(1.) THIS is an application under sectionl14 read with Order XLVII, Rule 1, C. P. C. for the review of the order of this Court dated 14. 9. 2004. By the said order the Court directed that the records of this First Appeal From Order be remitted to the Court of District Judge, Kanpur Nagar as the appeal was cognizable by the District Judge on account of its low valuation of Rs. 5,000/- only (Five thousand ).

(2.) THE brief facts leading to the presentation of the above review application are that that an original suit No. 214 of 1981 having valuation of Rs. 5,000/- was instituted for specific performance of an agreement. The suit was decreed by the Court of first instance vide judgment and order dated 4. 3. 1983. Against the aforesaid judgment, order and decree, an appeal was preferred being civil Appeal No. 358 of 1983. The appeal was decided by the 5th Additional Civil Judge vide judgment and order dated 7. 10. 1985. The appeal was allowed, the judgment order and decree of the Court below was set aside and the matter was remanded for retrial.

(3.) AGGRIEVED by the aforesaid judgment and order of remand, this First Appeal From Order No. 15 of 1986 under Order XLIII, Rule 1 (u), C. P. C. was preferred which was duly entertained. However, in the due course of time when this appeal came to be listed for hearing, the Court found that in view of the amendment to section 21 of the Bengal, Agra and Assam Civil Court Act, 1887 vide U. P. Civil Laws (Amendment) Act, 1991 i. e. U. P. Act No. 17 of 1991 which was enforced w. e. f 15. 1. 1991, the appeal is cognizable by District Judge. Accordingly the Court ordered its transfer to the District Court having jurisdiction.