- (1.)In this appeal, the appellant/defendant is aggrieved by the judgment and decree dated 4-4-1989 passed by the Second Additional Judge to the Court of District Judge, Raigarh in Civil Appeal No. 9-B/1985 reversing the judgment and decree dated 22-10-1988 passed by the First Civil Judge Class II, Raigarh in Civil Suit No. 80-B/1984 whereby the suit for recovery of Rs. 2,000/- was dismissed.
(2.)Although, appeal has been admitted on two substantial questions of law, it appears that this second appeal itself is not maintainable in view of the provisions contained in Section 102 of CPC as it stood on the date of filing of appeal i.e. 21-10-1989 and Section 15 of the Provincial Small Cause Courts Act, 1887.
(3.)Learned Counsel for the appellant was asked to argue. Shri G. D. Vaswani, learned Government Advocate was requested to act as amicus curiae.
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