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1957 Supreme(Ker) 239

Judges : KOSHI,VAIDIALINGAM
Chinna Kunju Kunju - Appellant
Versus
Kutti Neelakantan - Respondent
Case No : A. S. No. 104,105,125 of 1957
Decided On : 09/16/1957
Advocates Appeared :
M. Madhavan Nair; For Appellant S. Narayanan Potti; For Appellant N. Sundara Iyer; V. R. Venkitakrishnan; P. Ramankutty Nambiar; For Appellant K. V. Surianarayana Ayyar; For State

Headnote:

Appeals - Proper Venue for Appeals - Kerala Civil Courts Act, 1957 - S.13 of the Kerala Civil Courts Act, 1957 - Summary of Acts and Sections: S.13 of the Kerala Civil Courts Act, 1957; Madras Civil Courts Act, 1873; T-C Civil Courts Act, 1951 - The court discussed the provisions of S.13 of the Kerala Civil Courts Act, 1957, which determined the proper venue for appeals. It also referred to the Madras Civil Courts Act, 1873 and the T-C Civil Courts Act, 1951, which were relevant to the cases. The court emphasized the principle that a right of appeal is a vested right and cannot be deprived by supervening legislation unless the legislation by express words or by necessary intendment took away that right.

Fact of the Case:

The appeals were filed to determine the proper venue for appeals against the decrees appealed against, based on the provisions of the Kerala Civil Courts Act, 1957, the Madras Civil Courts Act, 1873, and the T-C Civil Courts Act, 1951.

Finding of the Court:

The court held that the appeals were properly laid before the court and that the Kerala Civil Courts Act, 1957 applied to determine the venue for appeals.

Issues: The main issue was whether the venue for appeals against the decrees appealed against should be determined with reference to the provisions of the Kerala Civil Courts Act, 1957 or with respect to the corresponding provisions in the Travancore-Cochin and the Madras Civil Courts Acts.

Ratio Decidendi: The court emphasized the principle that a right of appeal is a vested right and cannot be deprived by supervening legislation unless the legislation by express words or by necessary intendment took away that right. It also highlighted the importance of the date when the right of appeal vested and the law prevailing at that date.

Final Decision: The court held that the appeals were properly laid before the court and that the Kerala Civil Courts Act, 1957 applied to determine the venue for appeals.

Judgment :-

1. These three appeals have been placed before us for orders as to whether their proper venue is this Court, or the respective District Courts to which the courts which passed the judgments and the decrees appealed against are subordinate. The question has arisen on account of the provision in S.13 of the Kerala Civil Courts Act, 1957 (President's Act No. I of 1957) that "where the amount or value of the subject matter of the suit does not exceed seven thousand and five hundred Rupees, from the original decrees and orders of a Subordinate Judge's Court shall, when such appeals are allowed by law, lie to the District Court". The Kerala Civil Courts Act repealed the Madras Civil Courts Act 1873 (Madras Act III of 1873), as in force in the Malabar District referred to in Sub-Section (2) of S.5 of the States Reorganisation Act, 1956 (XXXVII of 1956), and the T-C Civil Courts Act, 1951 (XXII of 1951). The Kerala Civil Courts Act was enacted by the President on 10th January, 1957 and a Kerala Gazette, Extraordinary, dated 12th January, 1957 published it. Under S.1 (3) thereof the Act was to come into force on such date as the Government may by notification in the Gazette, appoint and by a Gazette Extraordinary published on 7th February 1957 the Government of Kerala appointed 15th day of February, 1957 as the date on which the Act shall come into force. These three appeals have been filed in this Court after the date so appointed, A. S. Nos. 104 and 105 on 18th February 1957 and A. S. No. 125 on 2nd March, 1957.

2. The decree appealed against in A. S. No. 104 of 1957 was passed by the Subordinate Judge of Attingal on 6th July, 1956 and the suit in which it was made was instituted before the Trivandrum District Court in 1953. Therefrom that suit was transferred to the Attingal Subordinate Judge's Court when that court was established in November 1954. Likewise the decree appealed against in A. S. No. 105 of 1957 was passed by the Subordinate Judge of Attingal on 11th October 1956 in a suit instituted before the Trivandrum District Court in 1953 and transferred to the Subordinate Judge's Court, Attingal in November 1954. The third appeal, A S. No. 125 of 1957, arises from a decree passed by the Subordinate Judge of Ottappalam on 31st August 1956 in a suit instituted before that court in 1952. In each of the suits giving rise to the appeals the valuation of the subject matter exceeded Rs. 5,000/-, but was below Rs. 7.500/-. In this Court each appeal is valued as the suit wherefrom it arises was valued before the court of first instance. Under the T-C Civil Courts Act, 1951, the pecuniary limit of the Munsiff's jurisdiction was Rs 3.000/-, all suits whose valuation exceeded that limit had to be filed in the District Court or the Subordinate Judge's Court, as the case may be and appeals against the decrees and orders passed by those courts lay to the High Court. When the suits giving rise to A. S. Nos. 104 of 1957 and 105 of 1957 were instituted and when the decrees in those cases were passed the law which governed those suits and appeals therefrom was the T-C Civil Courts Act, 1951 Under the Madras Civil Courts Act, 1873 appeals exceeding the valuation of Rs. 5,000/-had to be filed in the High Court and judged by the law in force in the Malabar District on the date the suit giving rise to A.S. No. 125 of 1957 was instituted (as also on the date the decree in that suit was passed) the appeal lay to the High Court. By an amendment of the Madras Civil Courts Act, by Act VII of 1956, the figure Rs. 5,000/- occurring in S.13 of the main Act was substituted by the figure Rs. 10,000/- but that Amending Act was brought into force only from 1st April, 1957, five months after the States Reorganisation and we are not therefore concerned with that change.

3. The question that arises for our decision now is whether the venue for appeals against the three decrees appealed against should be determined with reference to the provisions of the K














































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