Pathak, J. - (1.) UPON application made by Chaddha Sri Chand and Co., Basti in a suit filed by them against the State of Uttar Pradesh and its officers, the learn ed Civil Judge, Basti made an order con solidating that suit with a suit filed by the State against them. Against that order, the State has applied to this Court under Section 115 of the Code of Civil Proce dure. When the revision application came on for admission before one of us (Hart Swarup, J.), a question arose whether it should be entertained inasmuch as such a revision application could also be entertain ed now by the learned District Judge under the amended Section 115. Accordingly, the following question was referred for decision by a Division Bench: - "Whether the High Court should entertain a revision directly in cases where a revision under Section 115, C-P.C. is also entertainable by the District Judge without requiring the litigant to approach the Dis trict Judge before coming to this Court?"
(2.) THE matter is now before vs. The Uttar Pradesh Civil Laws Amendment Act, 1970 (U. P. Act No. 14 of 1970) amended Section 115 so that it reads now as follows: "115. The High Court or the District Court may call for the record of any case which has been decided by any court sub ordinate to such High Court or District Court and in which no appeal lies thereto, and if such, subordinate court appears- (a) to have exercised a "jurisdiction not vested in it by law, or (b) to have failed to exercise its juris diction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irre gularity, The High Court or the District Court I may make such order in the case as it thinks fit. Provided that nothing in this section i shall be construed to empower the District j Court to call for the record of any case j arising out of an original suit of the value of Rs. 20,000/- or above."
(3.) THE same amendment Act am ended Section 21 of the Bengal, Agra and Assam Civil Courts Act by substituting a provision enlarging the appellate jurisdic tion of the District Judge to appeals aris ing out of suits of a value less than Rupees 20,000/- and confining the appellate juris diction of the High Court to appeals aris ing out of suits of a value of Rs. 20,000/-and above.;