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1957 Supreme(Mad) 129

P.V.RAJAMANNAR, PANCHAPAKESA AYYAR


Advocates:
K. S. Desikan and T. R. Ramachandran, for Appellants.
The Advocate-General (V. K. Tiruvenkatachari) on behalf of the State.

Rajamannar, C.J.-These two cases have been posted before us for orders as to whether the appeals were rightly filed in this Court or whether they should have been filed in the concerned District Courts. The common question in both the cases arises out of the change brought about by Madras Act (XVII of 1956) which amended the Madras Civil Courts Act, 1873 by substituting in section 13 of the Civil Courts Act the words Rs. 10,000 for the words Rs. 5,000. The result of this amendment, to put it shortly, would be, whereas hitherto an appeal would have lain to this Court if the valuation was Rs. 5,000 and over, according to the Act it would have to be filed in the District Court unless it exceeds Rs. 10,000. The Act received the assent of the Governor on 10th October, 1956, but section 1, sub-section (2) provided that it shall come into force only on such date as the State Government may by notification appoint. It is common ground that by notification, dated 3rd January, 1957 the appointed day for the Act coming into force was 1st April, 1957. Both the appeals before us were preferred after the 1st April, 1957 to this Court and in both it is common ground that the valuation is over Rs.












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