SATISH CHANDRA, J. :- A Division Bench of this Court had referred the following question to a Full Bench: -

"Where an execution proceeding is commenced after the enforcement of the U. P. Civil Laws (Reforms and Amendment) Act, 1954, for executing a decree passed after the commencement of the said Act in a suit instituted in 1934 and valued at less than Rs. 10,000 but more than Rs. 5000, will an appeal from an order passed in such an execution proceeding lie in this Court or in the Court of the District Judge?"

The question arises in this way. Bisham-bhernath Khazanchi filed a suit (No. 21 of 1934) in the Court of the Subordinate Judge, Agra, for partition and possession. The suit was valued at Rs. 7162/8. On 5th September, 1959, a final decree for partition and possession of a one-fourth share of the plaintiff was prononounced. The value of the plaintiff's share was determined at Rs. 27, 278. An application to execute the decree was filed on 17th February, 1965. The judgment-debtors-respondents filed an objection under Section 47, Civil P. C., which was allowed on 23rd December, 1967. The objection was valued at Rs. 27,778. The decree-holder filed the present Execution First Appeal in this Court against the order dated 23rd December, 1967. The appeal was valued at the same figure of Rs. 27, 778.

2. The respondents moved an application under R. 24 of Chapter VIII of the Rules of Court stating that an appeal against the order dated 23rd December, 1967, lay to the Court of the District Judge. The present appeal to this Court was incompetent. It was prayed that the appeal be disposed of on this preliminary point. The Division Bench hearing the matter felt that the question was of general importance and deserved to be adjudicated by a Full Bench. That is how the matter has come before this Full Bench.

3. The question whether an appeal would lie to this Court or to the Court of the District Judge in the present case depends on the impact of the settled principle that a right of appeal is a substantive right and vests on the date of the commencement of the lis, upon the amendment introduced to Section 21 of the Bengal, Agra and Assam Civil Courts Act by the U. P. Civil Laws (Reforms and Amendment) Act, 1954, considered in the context of the relevant provisions in the Code of Civil Procedure.

4. The Code of Civil Procedure, 1908, consolidates and amends the laws relating to the procedure of the Courts of Civil jurisdiction. In Part I it deals with suits in general. Its Part II provides for execution. Part VII deals with appeals and Part VIII relates to reference, review and revision. Section 96 provides an appeal from every decree passed by any Court exercising original jurisdiction to the Court authorised to hear appeals from the decisions of such Courts. It confers a right of appeal from decrees, but does not provide the forum of appeal.

5. The Bengal, Agra and Assam Civil Courts Act, 1887, by Section 21 specifies the forum of appeals. Sub-section (1) dealt with decisions of Civil Judges. It reads: -

"21. Appeals from Civil Judges and Munsifs-

(1) Save as aforesaid, an appeal from a decree or order of a Civil 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 ten thousand rupees, and

(b) to the High Court in any other case. "

Previously, Cl. (a) mentioned "five thousand rupees. " The U. P. Civil Laws (Reforms and Amendment) Act, 1954, which came into force on 30th November. 1954, repealed the figure five thousand and re-enacted in its place the figure "ten thousand rupees". So, previously an appeal lay to the District Judge where the value of the original suit did not exceed rupees five thousand, but after this amendment an appeal would so lie if the valuation did not exceed rupees ten thousand. An appeal would lie to the High Court only if the valuation exceeded rupees ten thousand.

6. Section 21 governs an appea