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1984 Supreme(Ker) 76

G.BALAGANGADHARAN NAIR, BHASKARAN NAMBIAR
CLARA – Appellant
Versus
AUGUSTINE – Respondent


Judgment :-

1. These appeals have been brought by defendants 2 and 3 in O. S. No. 166 of 1982 on the file of the Additional Subordinate Judge, Cochin and the defendant in O.S. No. 220 of 1979 on the file of the Additional Subordinate Judge, Alleppey from the judgments and decrees dated 20-8-1983 and 15-4-1981 respectively. The former appeal was filed in this court on 20-2-1984 and the latter on 13-2-1984. These suits were instituted, O. S. No. 166 of 1982 on 5-7-1982 and O. S. No. 220 of 1979 on 5-91978. After the decrees in the two cases, S.13 of the Civil Courts Act was amended by substituting the words "Rs. 25,000/-" for the words "Rs.10,000/2. This was done by Ordinance 9 of 1984 which came into force on 6-1-1984. The office has raised a doubt whether in view of the amendment brought about by the Ordinance, the appeals could be maintained in this court or whether they lie in the District Court as in both cases the valuation was above Rs. 10,000/-and below Rs. 25,000/-. As the appeals have, not been numbered and respondents have not entered appearance, we heard Mr. Krishnamoorthy, learned Government Pleader for assistance.

2. S.12, Civil Courts Act enacts that save as provided in









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