Cases in which only a preliminary issue has been framed are not covered by the exception for cases in which issues have been framed and are liable to be transferred.

( 1 ) THIS suit for recovery of money and a decree of declaration, valued at Rs. 1,09,218. 50 for the purpose of Court fee and jurisdiction was filed in Delhi High Court ( Original Side) on 20. 12. 1985 in accordance with the pecuniary jurisdiction conferred on this Court by Section 5 (2) of the Delhi High Court Act, 1966.

( 2 ) SECTION 5 (2) of the Delhi High Court Act, 1966, conferred ordinary original civil jurisdiction on the High Court of Delhi in every suit the value of which exceeds Rs I lakh. The Delhi High Court (Amendment) Act, 1991 which came into force on 9-11-92 substituted the words Rs. 5 lakhs in place of Rs. 1 lakhs in Section 5 (2) of Delhi High Court Act, 1966 and thereby raised the minimum value of pecuniary jurisdiction of Delhi High Court (Original Side ). Section 4 of the Amendment Act which made provision for the transfer of pending suits and proceedings from the High Court to Subordinate Courts conferred power on the Chief Justice in the following terms. "4. The Chief Justice of the High Court of Delhi may transfer any suit or other proceedings which is or are pending in the High Court immediately before the commencement of this Act and in which no witnesses have been examined before such commencement to such Subordinate Court in the Union Territory of Delhi as would have jurisdiction to entertain such suit or proceedings had such suit or proceedings been instituted or filed for the first time after such commencement

( 3 ) IN exercise of power conferred by Section 4 abovesaid Hon ble the Chief Justice has made the following order on 18. 12. 1992 ; "in exercise of powers conferred by Section 4 of the Delhi High Court (Amendment) Act, 1991, hereinafter referred to as the Act, I hereby order that all pending suits in the Delhi High Court on the original side upto the value of Rs. 5 lakhs with the exception of :- (i) Execution Applications; (ii) Arbitration cases; 190 (iii) Cases in which issues have been framed; (iv) Cases in which any interlocutory application is either part-heard, or in case arguments till pronouncement of judgment in the said I. A. or the matter is released from being part-heard and (v) Cases in which ex-parte evidence by way of affidavits has been ordered to be filed; be transferred to the District/subordinate Courts in pursuance of the provision of the Act which came into force with effect from 9. 11. 1992 vide Notification No. S. 0. 825 (E)dated9thnovember,1992issued by the Govt. of lndia, Ministry of Law, Justice and Company Affairs, published in Gazette of India Extraordinary, Part II, Section 3 Sub-section (ii ). The transfer of cases to the District/subordinate Courts should commence from 4th of January, 1993.

( 4 ) A perusal of the order of the Chief Justice clearly suggests that execution applications being continuation of the original suit proceedings were intended to beretained in the High Court which had passed the decree. Arbitration cases were treated as anexception to the rule of transfer. Cases in which issues have been framed were excepted from the rule of transfer because the cases were ripe for trial. The cases in which IAswere heard or part-heard were intended to be transferred away from the High Court after the pronouncement of the order. Cases in which arguments were part heard on IAs were also to go away if released from part heard. The cases in which ex parte evidence by way of affidavit has been ordered to be filed were enjoined to be retained in the High Court.

( 5 ) CLAUSE (iii) of the Order of the Hon ble the Chief Justice has to be given an object oriented interpretation. Cases in which issues have been framed means the cases which are ripe for trial on merits. If only a preliminary issue has been framed, and not all the issues arising for decision in the suit, it cannot be retained in the High Court for it cannot be deemed that it was ripe and ready for trial. So also there may be cases where in spite of issues having been framed there may be a d