Change of forum by amendment of statute is retrospective in operation unless a different intention is expressed or can be inferred by necessary intendment.

P. C. MISRA, J.

( 1 ) THIS appeal arises out of a suit for partition (O. S. No. 136 of 1978-I of the Court of the Subordinate Judge, Bhadrak) which was instituted on 6-10-1978 and was disposed of by judgment dt. 28-2-1985 and decree dt. 13-3-1985/15-3-1985. This appeal valued at Rs. 5,900/-, the same being the valuation of the suit out of which it arises, was filed on 3-5-1985 in this Court. A question as to the maintainability of this appeal has been raised in view of the provisions contained in S. 16 (2) of the Orissa Civil Courts Act, 1984 (Orissa Act 18 of 1984) (for short, hereinafter referred to as 'the Act' ). The Act was assented to by the President of India on 30-7-1984. S. 1 (3) of the Act provides that this Act shall come into force on such date as the State Government may, by notification, appoint in this behalf. In exercise of the said power conferred by S. 1 (3) of the Act, the State Government by notification dated 21-12-1984 has appointed the 1st day of January, 1985 as the date on which the Act shall come into force.

( 2 ) S. 25 of the Act repeals the Bengal, Agra and Assam Civil Courts Act, 1887 in its application to the State of Orissa with effect from the date of coming into force of the Act. Consequently, the establishment and the regulation of the Civil Courts in this State which were being governed by the Bengal, Agra and Assam Civil Courts Act, 1887 are now governed by the Act.

( 3 ) THE question that arises for decision is as to whether irrespective of the date of the institution of the suit an appeal from a decree or order of the Subordinate Judge shall lie to the District Judge where the value of the original suit in which or in any proceeding out of which the decree or order was made did not exceed Rs. 20,000/-, as per the provisions of S. 16 (2) of the Act.

( 4 ) SECTION 2 (1) of the Act enumerates classes of Civil Courts. Section 16 of the Act which provides the forum of appeal is quoted for proper appreciation :-"16. (1) Save as otherwise provided by any enactment for the time being in force,- (a) an appeal from a decree or order of a District Judge or Additional District Judge shall lie to the High Court; (b) an appeal shall not lie to the High Court from a decree or order of an Additional District Judge in any case, in which if the same had been made by the District Judge an appeal would not lie to the High Court. (2) Save as aforesaid, an appeal from the decree or order of a Subordinate Judge shall lie- (a) to the District Judge, where the value of the original suit in which or in any proceeding arising out of which the decree or order was made, did not exceed twenty thousand rupees; and (b) to the High Court, in any other case. (3) Save as aforesaid, an appeal from the decree or order of a Munsif shall lie to the District Judge. (4) Where the function of receiving any appeals which lie to the District Judge under sub-sec. (2) or sub-sec. (3) has been assigned to an Additional District Judge, the appeals may be preferred in the Court of such Additional District Judge. (5) The High Court may, by notification, direct that any or all appeals referred to in sub-sec. (3) shall be preferred in the Court of any Subordinate Judge mentioned in the notification, and the appeals shall, thereupon, be preferred accordingly. "

( 5 ) IT would be seen from a plain reading of the section that appellate jurisdiction of the District Judge has been enhanced to Rs. 20,000/- which was previously Rs. 5,000/- under the Bengal, Agra and Assam Civil Courts Act, 1887, and where the value of the decree passed by Subordinate Judge did not exceed Rs. 20,000/-, the appeal shall lie to the District Judge. It has been argued at the Bar that since the right of appeal is a vested right and such right accrued to the parties on the date of the institution of the suit in the year 1978 in accordance with the provisions of the Bengal, Agra and Assam Civil Courts Act, 1887, the said right of appeal shall continue to exist and to