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1974 Supreme(AP) 6

CHENNAKESAVA REDDY, A.GOPAL RAO
Saraswathula Kameswaramma – Appellant
Versus
Radhakrishna and Co – Respondent


CHENNAKESAV REDDY, J.

( 1 ) IN this reference made by the District Judge, Visakapatnam under Section 113 C. P. C. the issue that requires resolution is whether the provisions of the Andhra Pradesh Civil Courts Act. 1972 (Act 19 of 1972) are only prospective or retrospective in operation.

( 2 ) THE facts giving rise to the reference are these: Aggrieved against the judgment and decree in O. S. No. 226 of 1971 on the file of the Court of the Subordinate Judge. Visakhapatnam the plaintiffs preferred an appeal to the District Court Visakapatnam. The appeal was valued at Rs. 12,795. 00. The suit itself was instituted in the Court of the Subordinate Judge. Visakhapatnam on 4-11-1971. The value of the suit was Rs. 12,000. 00. After the institution of the suit, the Andhra Pradesh Civil Courts Act. 1972 (hereinafter referred to as the Act) was passed and the said Act came into force on 1-11-1972. The suit was disposed of by the learned Subordinate Judge after the Act came into force on 30/06/1973. Under Section 17 (1) of the Act an appeal lies only to the District Court against the decree of the Court of the Subordinate Judge when the amount or value of the subject matter of the suit or pro






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