Honble KEJRIWAL, J. - One of us (Justice R.S. Kejriwal), referred the following questions to be decided by larger Bench: —

(1) Whether the District Judge had no jurisdiction to transfer a suit valued less than Rs. 25,000/- which was pending in the Court of District Judge or Additional District Judge at the commencement of Ordinance No. 2/1992, to the Court of Munsif ?

(2) Whether the proceedings and the decree passed by the transferee Court is without jurisdiction and is nullity?

and

(3) Whether Section 19 of the Rajasthan Civil Courts Ordinance, 1950, is retrospective or prospective?

(2). The Honble Chief Justice has constituted this larger bench for deciding the above questions.

(3). Brief relevant facts of the case on account of which the questions have been referred are as under:

(4) On 3.2. 1986, the plaintiffs non-petitioners filed a suit against the petitioners in the Court of District Judge, Alwar. The suit was valued at Rs. 13,800/-. In the year 1988, the suit was transferred to the Court of Additional District Judge No.2, Alwar, who recorded the evidence of the parties. During the pendency of the suit, Rajasthan Civil Courts (Amendment) Ordinance, 1992 (Ordinance No. 2/1992) (for short the Ordinance No. 2/1992) amending Rajasthan Civil Courts Ordinance 1950, came into force w.e.f. 12.8.1992. By this Ordinance No. 2/92, the pecuniary jurisdiction of the Court of Munsif was enhanced from Rs. 5,000/- to Rs. 25,000/-. After coming into force of this Ordinance No. 2/1992, the District Judge, Alwar, in exercise of his powers under Section 24 of the Civil Procedure Code, transferred the suit from the Court of Additional District Judge No.2, Alwar, to the Court of A.M.J.M. No. 3, as the valuation of the < suit was below Rs. 25,000/-. The learned A.M.J.M. No.3, Alwar, vide his judgment and decree dated 19.3.1994, decreed the suit. Against that decree, the defendants-petitioners filed Civil Regular First Appeal in the Court of District Judge, Alawar, which was lateron transferred to the Court of Additional District Judge No.l, Alwar, and the same is still pending before the said Court. During the pendency of the said appeal the defendants-petitioners filed an application raising objections that the transfer of the suit to the Court of A.M.J.M*. No.3, Alwar, was bad on the ground that Munsif had no pecuniary jurisdiction to try the suit when it was instituted. On that ground the judgment and decree passed by the said Court is also without jurisdiction and nullity. This application of the defendants-petitioners was rejected by the learned Additional District Judge No.l, Alwar, vide his order dated 22.12.1994. Being aggrieved with the said order, the defendants-petitioners filed present revision. At the time of arguments of the revision, counsel for the petitioners placed reliance on a judgment of this Court passed in Ram Lal and Anr. vs. Dakha Devi and Anr. (1), decided on 06.7.1994, while, counsel for the non-petitioners placed reliance on Bhanwar Lal vs. Moti Lal (2). As both these judgments are inconsistent, under these circumstances, reference was made.

(5). Counsel for the defendants-petitioners submits that the learned Munsiff had no pecuniary jurisdiction to try the suit when the same was filed. Ordinance No. 2/1992, is prospective and is applicable only to those suits which have been filed after the coming into force of the said Ordinance : It does not apply to the suits which were already pending when the said Ordinance came into force. In such circumstances, the learned District Judge had no jurisdiction to transfer the suit from the Court of Additional District Judge No.2, Alwar, to the Court of A.M.J.M. No.3, Alwar, as the transferee Court had no pecuniary jurisdiction to try the suit. In such circumstances, the decree passed by the transferee court is also without jurisdiction and is nullity. In support of his arguments, he placed reliance on Samdukhan vs. Manda Lal (3), Jagdish vs. Smt. Prem Lata Rai (4), Board of Trustees

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