Satish Chandra, C.J. - (1.) THE question is whether the period of limitation for filing a revision under Section 25 Small Cause Courts Act by an aggrieved party before the High Court is 30 or 90 days. On this question, there is difference of opinion in this Court.
(2.) A learned Single Judge has referred this revision to have an authoritative view of the Division Bench on 'this point of difference' without framing a specific question. We shall, in this reference, confine ourselves to the 'point of difference' namely, the question mentioned above. Originally Section 25 SCC Act confers revisional jurisdiction on the High Court in relation to any case decided by a Court of Small Causes. The Provincial Small Cause Courts (Uttar Pradesh Sanshodhan) Adhiniyam (No. 17 of 1966) repealed and re -enacted Section 25. It conferred the power of revision on the District Judge. It could be exercised by the District Judge on the application of an aggrieved party made within 30 days.
(3.) BY U.P. Civil Laws (Amendment) Act (No. 37 of 1972) the following proviso was added to Section 25: Provided that in relation to any case decided by a District Judge or Additional District Judge exercising the jurisdiction of Judge of Small Causes the power of revision under this section shall vest in the High Court.;