Point of Law: if there is express words or by necessary implication clearly indicated by the legislature regarding the standing over transfer of the proceedings, then in view of that expressed provisions, the matter needs to be conducted by the new forum or by the same forum.

ORDER :

1. The registry has listed this matter along with the submission stating that this appeal was wrongly shown as “dispose of.” It is stated that, on verification, no order of disposal of the appeal was found.

2. On perusal of papers, it appears that valuation of the suit is Rs. 1,00,000/- The suit is of the year 1993. Present appeal has been filed in the year 1995. During the pendency of the appeal, Legislature has passed Gujarat Civil Courts Act, 2005, wherein there is a specific provision under Section 30 (3) to the effect that all the appeals and suits etc. pending on that date, which are valued at less than Rs. 5,00,000/- are to be transferred to the concerned trial Court.

3. Admittedly, the present Appeal has been filed against the judgment and decree dated 31.03.1995 passed by Civil Judge (S.D.) Dhrangadhra in Special Civil Suit No. 31 of 1993. It is also not in dispute that the valuation of the matter is less than Rs. 5 Lakhs at the time of filing of the present Appeal. It is also admitted fact that pending this Appeal, the Bombay Civil Courts Act, 1869 has been repealed by virtue of Section 30 of the Gujarat Civil Courts Act, 2005. The provisions relating to the Appeals in the original Act is as follows:

“Appeals: (1) Appeal from the decrees and others passed by a court of District Judge in original suits and proceedings of civil nature shall, when such appeals are allowed by law, lie to the High Court.

(2) Appeals from the decrees and others passed by a Court of Senior Civil Judge in original suits and proceedings of civil nature shall, when such appeals are allowed by law, lie:

(a) to the Court of the District Judge of the district when the amount of value of the subject matter of the original suit or proceedings is less than five lakhs of rupees [or such other sum as the High Court may, by notification, from time to time specify].

(b) to the High Court in other cases.

(3) Appeals from the decrees and others passed by a Court of Civil Judge in suits or proceedings of a civil nature shall, when such appeals are allowed by law, lie to the Court of District Judge of the district:

Provided that the High Court may, in consultation with the State Government, by notification, direct that such appeals against decrees and orders may lie to the Court of Senior Civil Judge, when the amount or value of the subject matter of the suit or proceedings is less than on lakh of rupees and there upon appeals shall be preferred accordingly.

(4) The provision of this section will apply to all decreed and others made after the appointed date irrespective for the fact whether the suits of proceedings in which they are made were instituted before or after the appointed date.”

Thus, by virtue of this provision, the jurisdiction of the Appellate Court i.e. District Court was less than Rs. 5 Lakhs.

4. The provisions of Section 30 reads as under:

“30. Repeal and savings:

(1) On an from the appointed dated the Bombay Civil Courts Act, 1869, in its application to the State of Gujarat, shall stand repealed.

(2) Such repeal shall not affect the previous operation of the enactment so re-passed and any thing done or any action taken including the districts formed , limits defined, Courts established or constituted, appointments, rules or orders made functions assigned, powers granted, seal, or forms prescribed, jurisdiction defined or vested and notifications or notices issued by or under the provisions of the said Act and deemed to have been done or taken under the provisions thereof shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force unless and until superseded by anything done or any action taken under this Act.

(3) Notwithstanding anything contained in sub-section (1) or any other provisions of this Act or in the enactment repealed by sub-section (1) or in any other law or provision having the force of law all suits, appeal