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B.SUDERSHAN REDDY
Maddileti Alivelamma – Appellant
Versus
SARASWATAMMA – Respondent
Key Points: - The suit was originally filed in a court with pecuniary jurisdiction to receive and try the suit as on the date of filing. (!) - The district judge withdrew and transferred the suit to a court with the intention that the amended Act would allow a different pecuniary jurisdiction, raising the issue of retroactivity/prospectivity of amendments. (!) - The court held that amendments to the Act are prospective, applying to suits instituted after the amendment; the law as on the date of filing governs until disposal of the suit. (!) - The proceedings transferring the suit to another court were set aside, and the record was to be transmitted back to the appropriate court for trial and disposal in accordance with law. (!) (!) - The Civil Revision Petition was allowed with no costs. (!) - The judgment references that as on the date of filing, the Senior Civil Judge alone had pecuniary jurisdiction to receive and try the suit. (!) - The amendments to the Civil Courts Act, 1972 as amended by Act 29 of 1997 are not retrospective but prospective. (!)
( 1 ) THIS Civil Revision Petition under article 227 of the Constitution of India is directed against an order dated 16-4-1998 on the file of the learned District and sessions Judge, Chittoor withdrawing O. S. No. 151 of 1992 pending on the file of the learned Senior Civil Judge s Court, madanapalle and transferring the same to the file of the learned Principal Junior Civil judge s Court. It is a proceeding on the administrative side by the learned District judge.
( 2 ) IT appears from the record that the petitioners herein filed O. S. No. 151 of 1992 on the file of the learned Subordinate judge s Court, Madanapalle, Chittoor district for declaration of their exclusive right and title to the estate of one sreeramulu along with other reliefs. The suit was taken on file on 30-6-1992. The petitioners-plaintiffs have valued the suit for the purpose of Court fee and jurisdiction at Rs. 78,750. 00 and a Court fee of rs. 3,026/- was paid on the aggregate of amount under Section 6 of the A. P. Court fees and Suits Valuation Act. The learned senior Civil Judge after registering the suit directed summons to be issued to the respondents-defendants. The respondents- defen
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