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2004 Supreme(AP) 507

DEVENDER GUPTA, S.ANANDA REDDY, G.BIKSHAPATHY, B.SUDERSHAN REDDY, K.C.BHANU
Vallabhaneni Lakshmana Swamy – Appellant
Versus
Valluru Basavaiah – Respondent


( 1 ) THE judicial somersault for a decade in the hands of the Division Benches and the full Bench and the decisional upheavals inherent in the system continue to make the litigant under the perennial predicament and speculation. This is one such instance, we are called upon to clear the riddles.

( 2 ) THE matter is brought before us on a reference made by a learned Single Judge (BPRJ) in regard to the decision rendered by the Full Bench of this Court reported in motichand Jain v. Jaikumar M.

( 3 ) THE issue that arises for consideration is (a) whether A. P. Civil Courts amendment) Act, 30 of 1989 is retrospective or prospective in operation? (b) Whether there is any distinction between vested right and right to forum?

( 4 ) THE Andhra Pradesh Civil Courts Act, 1972 was brought into statute book with effect from 1-11-1972. The pecuniary jurisdiction of Courts both original and appellate and as also the forum are being amended from time to time. By AP. Civil courts (Amendment) Act, 30 of 1989 under which pecuniary jurisdiction to entertain the appeal inter alia to the District Court/chief judge, City Civil Court, Hyderabad was raised from the then existing Rs. 30,000/- to rs. 1 lakh.




































































































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