G.S.N. Tripathi, J. - (1.) THIS is defendant's appeal against the concurrent findings of both the Courts below holding that the appellant has absolutely no case.
(2.) SECTION 100 of the Code of Civil Procedure runs as follows: - 100. Second Appeal. -(1) save as otherwise expressly provided on the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. This portion was brought in the statute book by Act No. 104 of 1976, Section 37, w.e.f., 1.2.1979. The present appeal was filed on 23.1.1978 when the aforesaid amendment had already come into existence in the statute book. Therefore, that provision is very much applicable to the present appeal.
(3.) EVEN the learned Counsel when asked as to what is the question of law involved in this case, he simply said that the burden of proof has been wrongly shifted to the defendant. Therefore, this shall not be affected by the aforesaid amendment in the CPC. For that purpose the entire record has been read over to me. I find that there is absolutely no misdirection on the part of the lower Court in shifting the burden upon the defendants in the present case.;