Jayant Nath, J.

1. At the outset, I may deal with a preliminary point. After arguments were heard and judgment was reserved in this matter, on 24.11.2015 a Notification was issued in exercise of powers under section 4 of the Delhi High Court (Amendment) Act, 2015. Under this Notification, all suits which are valued at less than Rs.1 crore, except those cases in which final judgments have been reserved, are to be transferred to the jurisdictional subordinate courts. There is no dispute that the present Suits have been valued at less than Rs.1 crore. What would be the effect of the Notification i.e. would the matters have to be transferred to the subordinate courts or a judgment can be pronounced? The answer would lie in the meaning of the phrase “final judgment has been reserved”.

2. The matter was listed in Court to enable the parties to make their submissions. On this several adjournments were sought by the parties. Finally on 8.1.2016, learned counsel for the plaintiff and the contesting defendants stated that the Notification would not effect this case as “final judgment” has been reserved before the Notification. Subsequently, defendants No.1 to 8 and 13 filed an application claiming that the counsel was under a different impression and the statement was wrongly recorded. This court on 14.01.2016 took the said submissions of the counsel for defendant nos. 1 to 8 and 13 on record.

3. The issue would be as to what can be termed as final judgment. Reference may be had to the judgment of Shah Babulal Khimji vs. Jayaben D. Kania and another, AIR 1981 SC 1786. The Supreme Court while determining as to what would comprise a judgment as stated in the Letters Patent Appeal also dealt with the issue of final judgment and held as follows:-

“113.(1) A Final Judgment-a judgment which decides all the questions or issues in controversy so far as the Trial Judge is concerned and leaves nothing else to be decided. This would mean that by virtue of the judgment, the suit or action brought by the plaintiff is dismissed or decreed in part or in full. Such an order passed by the Trial Judge indisputably and unquestionably is a judgment within the meaning of the Letters Patent and even amounts to a decree so that an appeal would lie from such a judgment to a Division Bench.

(2) A preliminary judgment-This kind of a judgment may take two forms-(a) where the Trial Judge by an order dismisses the suit without going into the merits of the suit but only on a preliminary objection raised by the defendant or the party opposing on the ground that the suit is not maintainable. Here also, as the suit is finally decided one way or the other, the order passed by the Trial Judge would be a judgment finally deciding the cause so far as the Trial Judge is concerned and therefore appealable to the larger Bench…….”

4. Hence, wherever the suit is dismissed or decreed in part or in full, such an order would be a final judgment. Here in the present case, there are two suits. The two suits were consolidated. CS(OS)1430/2012 was filed before the Civil Judge but vide order dated 30.04.2007 was directed to be heard alongwith CS(OS) 1969/2003. The evidence was to be read in common.

5. As far as CS(OS) NO.1430/2012 is concerned, a judgment would finally dispose of the suit in terms of the aforesaid judgment of the Supreme Court in Shah Babulal Khimji vs. Jayaben D. Kania and another (supra).

6. As far as Suit No.1969/2003 is concerned, on the basis of arguments either the suit would be dismissed or the Court would in case the contention of the plaintiff were to be accepted pass a preliminary decree.

7. Would an order passing a preliminary decree be a “final judgment”? Reference may be had to the judgment of the Supreme Court in the case of Venkata Reddi & Ors. v. Pothi Reddi, AIR 1963 SC 992, wherein the Supreme Court held as follows:-

“7. It is not clear from the judgment what the contingencies referred to by the High Court are in which a preliminary decree can be modi