- (1.) THIS revision under Section 25 of the Provincial Small Cause Courts Act, 1887 (in short 'the Act')is directed against the judgement and decree dated 25.11.2013 passed by the Additional District Judge, Court No. 7, Saharanpur exercising jurisdiction of Judge, Small Causes.
(2.) THE registry however,pointed out that the revision is barred by limitation.
(3.) DEFYING the report of the stamp reporter Sri Pankaj Agarwal, learned counsel for the revisionist vociferously submitted that original section 25 of the Act does not provide for a period of limitation for filing a revision to the High Court. Therefore, the limitation for filing a revision to the High Court against any decree or order of the Small Causes Court would be governed by Article 131 of the Limitation Act,1963 which provides a period 90 days commencing from the date of impugned decree/order. Sri Agarwal, laid much emphasis that the period of 30 days for filing S.C.C. Revision as envisaged under Section 25 of the Act is applicable only in the case where the revision is preferred in the court of the District Judge against the decree or order made in any case decided by the court of Small Causes. The proviso added to Section 25 of the Act, as applicable to the State of U .P., no period of limitation for filing a revision to the High Court in relation to any case decided by a District Judge/Add.Distt.Judge exercising the jurisdiction of a judge of Small Causes has been provided.;