The main legal point established in the judgment is the interpretation of the applicability of Karnataka Act No. 13 of 1989, Section 4(1) in relation to the jurisdiction of the city civil court, Bangalore city.

( 1 ) BY the order dated 9-7-1990, this appeal was ordered to be transferred to the city civil court, Bangalore city in the light of the Provisions contained in clause (c) of sub-section (1) of Section 4 of the Karnataka Act No. 13 of 1989 which came into force on 17th april, 1989 read with Section 12 (1) of the Bangalore city civil courts Act, 1979. Before that order came to be typed and signed by us, we noticed that the Provisions contained in Section 18 of the Bangalore city civil courts act No. Had not been taken note of. Therefore, we directed the appeal to be posted "for being spoken to" on 10-7-1990. It was also pointed out to the learned counsel appearing for both sides that as the effect of Section 18 (1) of the Bangalore city civil courts Act, 1979 and the words "law for the time being in force in the city of Bangalore" occurring in Section 12 (1) of the act were not taken into account, the order required to be recalled and the appeal required to be heard on merits. On this, the learned counsel took time to address the court. Time granted till today to address the court. Accordingly, we have heard both sides on the question as to whether the appeal requires to be transferred to the city civil court, Bangalore city or to be heard and decided by this court. In the light of the arguments advanced, we consider it necessary to recall the order dated 9-7-1990 transferring this appeal to the city civil court. Our reasons are as follows:-

( 2 ) PRIOR to 27-11-1980, the entire state of Karnataka was governed by the Karnataka civil courts Act, 1964 (hereinafter referred to as 'the civil courts act' ). Consequently, the courts existing in Bangalore city were also governed by the civil courts act. However, on 27-11-1980, Bangalore city civil court Act, 1979 (hereinafter referred to as 'the city civil courts act') came into force. The operation of Section 18 (1) of the city civil courts act excluded the operation of the civil courts act in so far it covered the city of Bangalore. In sub-section (2) of Section 1 of the civil courts Act, the words "whole of the state of karnataka" came to be substituted by the words "whole of the state of Karnataka except the city of Bangalore. " thus the city of Bangalore came to be excluded from the purview of civil courts act. On and from the same date i. e. , 27-11-1980, city civil court act commenced to operate for the city of Bangalore. As a result thereof, the district courts, civil judges courts and munsiff courts exercising the jurisdiction under the civil courts act came to be abolished and city civil court came to be established for the city of Bangalore. The other provision of the civil courts act relevant for our purpose is Section 12 (1) of the said act which reads as follows: "notwithstanding anything contained in any law but except where the context otherwise requires any reference in any law for the time being in force in the city of Bangalore, to district court, court of civil judge or munsiff's court or to district judge, civil judge or munsiff shall in the city in Bangalore be construed as a reference to the city civil court or a judge of the city civil court, as the case may be, and such law shall, have effect accordingly. "

( 3 ) IT may be noticed at this stage that the suit o. s. No. 75/1975, out of which the appeal in question arises was filed on 19-4-1975. It was decreed on 27-10-1979. The present appeal was filed before this court on 10-1-1980, long before the coming into force of the city civil courts act and exclusion of the city of Bangalore from the operation of the civil courts act. During the pendency of this appeal, the civil courts act came to be amended by Karnataka Act no. 13 of 1989. Karnataka Act No. 13 of 1989 enhanced the pecuniary jurisdiction of the munsiff court from Rs. 10,000/- to Rs. 15,000/- and the appellate jurisdiction of the civil judge was enhanced from Rs. 20,000/- to Rs. 1,00,000. Consequent to such changes in the pecuniary jurisdi