Satyeshwar Roy, J.

The respondent filed a suit valued at Rs. 17,600/- in the court of the Subordinate Judge, Dhanbad on 6-4-1987. The suit was decreed in his favour. The appellant, who was defendant in that suit, filed Title Appeal No. 24 of 1991 on 17.5.1991 in the court of the District Judge, Dhanbad against the judgment and decree of the trial. Court. The appeal was valued at Rs. 17,600/-. The appeal was listed before the District Judge on 28.6.1991 to dispose of the objection filed by the respondent about the maintainability of the appeal before that Court. The learned District Judge noticed that pecuniary jurisdiction of the District Judge to entertain appeal was raised from Rs. 10,000/- to Rs.50,000/- from May, 1987 and held that as the suit has been filed on 6.4.1987 i.e. prior to the raising of the pecuniary jurisdiction, the appeal did not lie before the District Judge. He relied on Kartik Nath Jha Vs. Smt Sheela Thakur : 1988 BBCJ 767 : He ordered for returning the memorandum of appeal. After receipt of the memorandum of appeal, the appellant has filed this appeal in this Court.

2. On 11.7.1991 the appeal was listed under the heading "For Orders". The appeal was or