RAM SURAT RAM (MAURYA),J. - (1.) Heard Ms. Shreya Gupta, for the revisionist.
(2.) This revision has been filed against the order of Executing Court, dated 22.05.2017, rejecting the objection of the revisionist/judgment debtor under Section 47 C.P.C., filed in Execution Case No. 7 of 2016.
(3.) Anil Dua Alias Titu filed a suit (registered as SCC Suit No. 88 of 2013) for arrears of rent, damages and ejectment of Sanjay Sharma Alias Pintu, from house No. 123/221 (new number 123/336), situated at Gaderian Purawa, Kanpur Nagar. According to the valuation as set forth in plaint at the time of filing of the suit, it was cognizable by District Judge exercising power of Judge Small Cause Court. The suit was filed before District Judge/Judge Small Cause Court. It was transferred and tried by Special Judge (E.C. Act), Kanpur Nagar. During pendency of the suit, Uttar Pradesh Civil Laws (Amendment) Act, 2015 came into force w.e.f. 07.12.2015, by which section 15 of Provincial Small Cause Courts Act, 1887 was amended and pecuniary jurisdiction of District Judge/Judge Small Cause Court was enhanced for the suit of Rs. One lakh and above. However, none of the parties made any application for transfer of the suit to Civil Judge (Senior Division). Suit was tried and after hearing the parties, it was decreed by judgment of Special Judge (E.C. Act), Kanpur Nagar dated 14.07.2016.;