IMPORTANT POINT
The amendments to the Rajasthan Civil Courts Ordinance, 1950, particularly regarding jurisdiction, are retrospective, affecting the maintainability of appeals based on the timing of the suit's filing.

JUDGMENT :

MADAN GOPAL VYAS, J.

The present civil first appeal under Section 96 of the CPC has been preferred by the appellant-defendant against the judgment and decree dated 30.09.1994 passed by learned Additional Civil Judge (Senior Division) No.3, Udaipur (for short, ‘learned trial Court’) in Civil Original Case No.63/1993.

2. Before going into the merits of the appeal, the question for consideration is that whether the present first appeal against the judgment and decree dated 30.09.1994 passed by learned trial Court is maintainable before this Court or not ?

3. Learned counsel for the appellant submitted that the appellant had preferred the present first appeal under Section 96 of the CPC before this Court against the judgment and decree of the learned trial Court only for the reason that an amendment in the Rajasthan Civil Courts Ordinance, 1950 (for short, ‘the Ordinance of 1950’) came in the year 1992 w.e.f. 12.08.1992 by which the pecuniary jurisdiction of the Courts of Munsiffs and Civil Judge was revised and enhanced. It is further submitted that vide amendment of 1992, the pecuniary jurisdiction of Civil Judge was enhanced from Rs.25,000/-to Rs.50,000/. Similarly, the jurisdiction of District Judge to hear original and appellate matters was also revised. However, since the present suit was filed before the amendment came in force, it was triable by the District Judge and thus, an appeal against the judgment of District Judge lies before this Court. Learned counsel for the appellant relied upon the judgment of this Court in the case of Ram Lal and Another Vs. Dhaka Devi and another (Civil Revision petition No.222/1993),decided on 06.07.1994 in which it has been held that the operation of the amendment in Raj. Civil Courts (Ordinance), 1950 is “prospective” and not “retrospective” and thus, the pending proceedings shall not governed by the amendment in Ordinance of 1950. Learned counsel further submitted that the present suit was filed on 01.06.1990 i.e. prior to the promulgation of the amendment in Ordinance of 1950, therefore, the present appeal is maintainable before this Court only. Learned counsel further submitted that the valuation of the present suit was Rs.27,508/-at the relevant point of time which was maintainable before the District Judge and, therefore, the appeal lies to this Court. Thus, it is prayed that the present appeal may be allowed.

4. Heard learned counsel for the appellant and perused the material available on record as well as the provisions of Sections 19 and 21 (before amendment and after amendment) of Rajasthan Civil Courts Ordinance, 1950 as well as the judgment cited by the learned counsel for the appellant.

5. In the present case, the suit was filed on 01.06.1990 before the Court of District Judge, Udaipur. Thereafter, the suit was transferred to the Court of Additional District Judge No.2, Udaipur vide order dated 18.08.1990. Then, on 31.07.1993 the suit was transferred from the Court of Additional District Judge No.2, Udaipur to the Additional Civil Judge (Senior Division) No.3, Udaipur. The said suit was decreed by the learned Additional Civil Judge (Senior Division) No.3, Udaipur vide its judgment and decree dated 30.09.1994. The amendment in the Ordinance of 1950 came in the year 1992 w.e.f. 12.08.1992. For the purpose of adjudication of the above question, it would be apt to reproduce the amended and unamended provisions of Sections 19 and 21 of the Ordinance of 1950 which read as under :-

Unamended provisions (Raj. Civil Courts Ordinance, 1950)

“19. Jurisdiction of other Courts (1) Subject as aforesaid :-

(i) the court of a Civil Judge shall have jurisdiction to hear and determine all original suits and proceedings of a civil nature, and

(ii) the court of a Munsiff shall have jurisdiction to hear and determine all original suits and proceedings of a civil nature of which the value does not exceed five thousand rupees :

Provided that the State Government may by notification published in the