UNION OF INDIA Vs. JAIPUR NAMADA FACTORY

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS second appeal, under Section 100 of the Code of Civil Procedure (for short, the 'cpc'), on behalf of the defendant- appellant, is directed against the judgment and decree dated 10th of May, 2000, passed by the Additional District Judge No. 2, Jaipur City, Jaipur, in Regular Civil Appeal No. 83/95, whereby the appeal of the plaintiff-respondent was allowed an the suit of the plaintiff-respondent was decreed against the judgment and decree dated 23rd of September, 1995 passed by the Additional Civil Judge and Additional Chief Judicial Magistrate No. 2, Jaipur City, Jaipur, in Civil Suit No. 90/95, whereby the suit of the plaintiff-respondent for recovery of a sum of Rs. 6,297. 68 p. was dismissed.

(3.) SECTION 16 of the C. P. C. Amendment) Act, 2002, provides for repeal and savings, and the relevant part thereof is as under: (1 ). . . . . . . . . . . . . . (2) Notwithstanding that the provisions of this Act have come into force or repealed under sub-section (1) has taken effect and without prejudice to the generality of the provisions of SECTION 6 of the General Clauses Act, 1897 : (a) The provisions of SECTION 102 of the Principal Act, as substituted by SECTION 5 of this Act, shall not apply to or effect any appeal which had been admitted before the commencement of SECTION 5, and every such appeal shall be disposed of as if SECTION 5 had not come into force. . . . . . . "