Satish Chandra, C.J. - (1.) THE trial court decreed a suit for ejectment. That decree was affirmed in revision. The Defendant has filed this second revision.
(2.) TWO points have been argued by Learned Counsel for the applicant. The ; first is that the suit was not triable by the Small Cause Court. A suit for ejectment and recovery of arrears of rent became triable by the Small Cause Court by the Civil Laws Amendment Act, 1972, which came into force on 20th September, 1972. The transitory provision mentioned that suits pending on the regular side, in which evidence has commenced to be recorded will not be transferred.
(3.) LEARNED Counsel submits that on 27th April, 1971, the Plaintiff examined himself, and the same day the suit was decreed exparte, because the Defendant was absent. Ultimately the suit was restored on 22nd October, 1971. Thereafter no evidence was recorded till 20th September, 1972, when the Amending Act came into force. The suit was actually transferred to the Small Cause Court side on 30th November, 1972.;