WAJAHAT HUSSAIN Vs. MOHD. AKBAR KICHLOO

JUDGEMENT

(1.) The present Letters Appeal has been preferred against judgment and order dated 10.04.2019 passed in CFA No. 29/2012 whereby the Civil First Appeal filed by the respondent No. 1 has been allowed.

(2.) A preliminary objection has been raised by the respondent No. 1 regarding the maintainability of the present LPA. It is stated that in view of the amended provisions of Section 100-A of the Code of Civil Procedure, Svt. 1977 (for short the CPC) the present LPA was not maintainable.

(3.) It can be seen from the record that the present LPA was preferred on 24.04.2019. It also needs to be noticed that Section 100-A of the CPC was substituted in the year 2009 by the amendment Act VI of 2009 dated 20.03.2009. Section 100-A of the CPC as it existed before the amendment and post amendment is reproduced hereunder: