S.B. Sanyal J.

This miscellaneous appeal has been listed on the question of its maintainability.

2. The point involved is, whether the appeal filed on 29.6.87 in this Court valued at Rs.13,100/- is maintainable in view of the jurisdictional value of High Court having been raised from Rs.10,000/- to Rs.50,000/- by section 3 of Bengal, Agra and Assam Civil Courts (Bihar Amendment) Ordinance 1987 published in the Bihar Gazette (Extraordinary) on 26.5.87. The answer depends upon the interpretation of section 3 of the Ordinance referred to above.

3. A Suit bearing Title Suit No. 56 of 1985 was instituted by plaintiff-respondent. The Suit was decreed ex parte on 11.10.86 and the decree was signed and sealed on 15th December, 1985. An application for during under Order 9 Rule 13 of the Code of Civil Procedure was filed by the defendant appellant which was rejected on 27.5.87. This miscellaneous appeal is directed against the said order refusing to set aside the ex parte decree.

4. According to Mr. Rama Kant Verma, the forum to enter the superior Court is a vested right and is governed by the law prevailing on the date of the institution of the suit; this Ordinance having come into for