B.J. Shethna, J. - (1.) Heard learned counsel for the appellant.
(2.) In 1973, goods were sent by the respondent (original plaintiff) from Jodhpur to Rampura Phool. That was lost in transit. The value of the goods was filed Rs. 3900/- The trial court dismissed the suit and, in appeal, the appellate court partly allowed the appeal and awarded Rs. 3126.91, against which this Second Appeal is filed.
(3.) An amendment is made under section 102 of the Code of Civil Procedure whereby it is stated that no second appeal will lie if the value of the suit is less than Rs. 3000/- In this case, of course, the value is slightly more, i.e. Rs. 3126.91 and it was in 1973 before the amendment came into force. However, looking to the smallness of the amount involved and the fact which is not in dispute, namely, that the goods has been lost in transit, even though a good question of law is involved in this appeal, I do not want to exercise my jurisdiction in this appeal.;