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Aggrieved by the order passed by the learned Additional Chief Judge, Small Causes Court dated 8th February, 1996, the respondent filed a second appeal in the High Court under Section 218-D(1) of the Act. The learned single Judge of the Bombay High Court on 31-1-1997 allowed that appeal partly. The appellant questioned the order of the learned single Judge dated 31st of January, 1997 through a Letters Patent Appeal. An objection was raised before the Division Bench of the High Court regarding the maintainability of the Letters Patent Appeal on the ground that against an order of dismissal of the second appeal by the High Court, no further appeal could He either under Letters Patent or any other law. Reliance was also placed on Section 100-A of the Code of Civil Procedure. The objection found favour with the learned Division Bench and without going into the merits of the order of the learned single Judge, the Letters Patent Appeal was dismissed as not maintainable.

A bare reading of Section 217(1) of me Bombay Municipal Corporation Act, 1888 shows that the jurisdiction exercised by the Chief Judge of the Small Causes Court is appellate jurisdiction.

Section 218 provides for the period when the cause of complaint can be said to have accrued for filing of an appeal under Section 217 of the Act. It is, therefore, futile to contend mat the proceedings under Section 217(1) are "original proceedings" in the first forum. The proceedings are appellate proceedings in a second forum and not original proceedings in a first forum.

Against the appellate order of the learned Chief Judge of the Small Causes Court, an appeal is provided to the High Court under Section 218 D. Section 218 D provides :

"Section 218 D. (1) An appeal shall lie to the High Court

(a) from any decision of the Chief Judge of the Small Cause Court in an appeal under Section 217 by which a rateable value in excess of two thousand rupees is fixed, and

(b) from any other decision of the said Chief Judge in an appeal under the said section, upon a question of law or usage having the force of law or the construction of a document.

(2) The provisions of the Code of Civil Procedure, 1908, with respect to appeals from original decrees shall so far as, they can be made applicable, apply to appeals under sub-section (1) and orders passed therein by the High Court may on application to the said Chief Judge be executed by him as if they were decrees made by himself.

Provided that no such appeal shall be heard by me High Court Unless it is filed within one month from the date of the decision of the Chief Judge." Thus, according to Section 218 D, an appeal shall also lie to the High Court from any decision of the Chief Judge of the Small Causes Court in an appeal under Section 217, ' upon a question of law or usage having the force of law or the construction of a document'. That the respondent had taken recourse to Section 218 D(1) in filing an appeal against the appellate order of the learned Additional Chief Judge of the Small Causes Court is not in dispute. The appellant has not questioned the maintainability of the appeal filed by the respondent under Section 218 D of the Act before the learned single Judge of the High Court before us. Thus, it is obvious that the appeal filed by the respondent under Section 218 D of the Act was a second appeal against the appellate Order made by the Addl. Chief Judge, Small Causes Court, Under the Bombay Municipal Corporation Act, no further appeal has been provided against the judgment of a learned Single Judge of the High Court deciding the second appeal under Section 218 D of the Act against an appellate order of the Chief Judge of the Small Causes Court passed under Section 217(1) of the Act. Section 100A of the Code of Civil Procedure, which was introduced by the Amendment Act, 1976 specifically bars any further appeal in such cases. That Section reads :