MANGI LAL Vs. KRISHI UPAJ MANDI

JUDGEMENT

(1.) Heard These appeals are filed against the orders of the courts below, wherein, the valuation of the suit was less than Rs 25,000/- The valuation being less than Rs 25,000/- today when these appeals are being considered as second appeals, the question arises as to whether such appeals can be entertained or not

(2.) Learned counsel for the petitioner in these two appeals has urged that the basic question which requires consideration of this court is the import of Section 6 of General Clauses Act, 1897 (hereinafter referred to as 'General Clauses Act, 1897)

(3.) According to the learned counsel for the appellant, as and when the lis starts, the right of appeal, if provided at that time accrues to the litigant as a vested right. In terms of amendment to the Code of Civil Procedure as introduced in 1999 and 2002, there had been no attempt by the Legislature to take away any vested right. Section 16 of the Code of Civil Procedure (Amendment) Act, 2002 (hereinafter referred to as 'Amendment of 2002') saves Section 6 of General Clauses Act in its generality.