The right of appeal is a vested right governed by the law prevailing at the date of institution of the suit or proceeding unless taken away by a subsequent enactment.

( 1 ) THIS appeal is preferred against the judgment and decree dated 31/07/1991 passed by the Civil Judge, Raichur in O. S. No. 145/89.

( 2 ) THE suit was filed by the respondents for a declaration that they are the owners of the suit land and for a permanent injunction. They also sought for a declaration that the order passed by the Tahsildar was null and void and ineffective. The subject matter of the suit was valued at Rs. 55,000 / -.

( 3 ) THE office has raised an objection that as the subject matter of the suit was valued at less than Rs. one lakh; that as on the date, the suit was decided, the Karnataka Civil Courts Act, 1964 was amended by the Karnataka Act No. 13/1989 with effect from 17/04/1989, the appeal would lie to the District Court and not to the High Court.

( 4 ) THE Karnataka Act No. 13/1989 came into force on 17-4-1989. It amended certain provisions contained in the Karnataka Civil Courts Act, 1964 and Karnataka Small Cause Courts Act, 1964. In this case we are concerned with the amendments effected to the Karnataka Civil Courts Act, 1964 (hereinafter referred to as the 'act' ). Karnataka Act 13/89 amended Sections 17 and 19 of the Act and also made a provision for transfer of pending suits and appeals consequent to such amendment.

( 5 ) PRIOR to Karnataka Act 13/89, the pecuniary jurisdiction of Munsiff's Court as per Section 17 of the Act extended to all original suits and proceedings of civil nature not otherwise excluded from the Munsiff's jurisdiction of which the amount of value of the subject matter did not exceed ten thousand rupees. This upper limit of ten thousand rupees was enhanced to fifty thousand rupees by the Karnataka Act 13/89 by substituting the words 'ten thousand rupees' in Section 17 of the Act with the words 'fifty thousand rupees'. Section 19 (1) of the Act as it stood prior to the coming into force of Karnataka Act 13/89 provided for appeals from decrees and orders passed by a Civil Judge in original suits and proceedings of a civil nature when such appeals were allowed by law to the District Court when the amount or value of the subject matter of the original suit or proceeding was less than twenty-thousand rupees and in other cases, as per sub-section (2) thereof to the High Court. The Karnataka Act 13/89 amended this provision by substituting the words 'twenty thousand rupees' with the words 'one lakh rupees'.

( 6 ) THUS as a result of these amendments effected to Ss. 17 and 19 of the Act, the suits filed from the date of coming into force of Karnataka Act 13/ 89 will be governed by the amended provisions; similarly the appeals from decrees and orders passed in such suits.

( 7 ) SECTION 4 of Karnataka Act 13/89 provides for transfer of pending suits and appeals from the Court of a Civil Judge to the Munsiff Court and from the High Court to the District Court respectively. The said provision reads thus:"4. Transfer of Suits and Appeals:- (1) Notwithstanding anything contained in the Karnataka Act 11 of 1964 or Karnataka Act 21 of 1964 or in any other law or provisions having the force of law.- a) all suits pending on the date of publication of a notification under the proviso to sub-section (2) of Section 8 of the Karnataka Small Cause Courts Act, 1964 (Karnataka Act 11 of 1964) which are triable by a Court of Small Causes by virtue of such notification, shall stand transferred to and be disposed of by the Court of Small Causes as if such suits had been instituted in such Court of Small Causes. b) original suits and proceedings of a civil nature the amount or value of the subject matter of which does not exceed fifty thousand rupees pending before the Court of a Civil Judge shall, on the date of commencement of this Act, stand transferred to the Court of the Munsiff and shall be disposed of by such Court in accordance with law as if such suits or proceedings concerned had been instituted or commenced in such Court. c) appeals and proceedings connected therewith pending before the Hi

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