The court recognizes the transfer of appeals based on valuation thresholds, emphasizing procedural fairness in light of recent amendments to jurisdictional legislation.

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

8 12-12-2025 Learned counsel for the petitioner submits that as per the Bengal, Agra and Assam Civil Courts (Bihar Amendment) Act, 2013; ( Bihar Act 14, 2014 ) wherein the said Act in Clause (a) of Sub-section (1) of Section-21 the words "Two lacs rupees" shall be substituted by the number, bracket and words "rupees 10,00,000/-(rupees Ten lacs)". He further submits that appeals from suits having valuation of less than Rs. 2 lakhs and filed on or after 01.10.1996 but before 19.02.2005 should be treated to have been filed before the proper Court and transferred to this Court for decision under Section 24 of the Code of Civil Procedure. He further prays that in light of judgment rendered by Co-ordinate bench of this Court in Ramsagar Kewat v. Shivaiak Kewat reported in 2005 (3) PLJR 360 the present case be transferred to the competent trial Court as co-ordinate bench in aforesaid case observed in para 8 and 9 that:

“8. In these cases it was submitted on behalf of the appellants that hardship has arisen on account of non-communication of copies of the Gazette notification containing the Amendment Act and hence a similar approach be adopted in respect of appeals filed till 19.2.2005 when the Gazette notification was made available to the Stamp Reporter of this Court or at least till 16.2.2005 when the Amendment Act was noticed by the Hon'ble Acting Chief Justice. No doubt, the issue of hardship in such circumstances has to be considered and addressed because procedural laws are meant to subserve ends of justice and not to thwart it. The notes of the Registrar General points out that a large number of appeals have been filed and entertained by this Court after the Gazette notification dated 1.10.1996 because its communication was delayed by several years. Objections on the basis of amended pecuniary jurisdiction of District Judges to hear such appeals could be raised by the Stamp Reporter of this Court only on or after 19.2.2005. Prior to that several appeals must have been disposed of on account of defects not removed or on merits and many valuable rights decided by way of orders on abatement, injunction etc. Such a situation has arisen because of no fault of the litigants. Fault if any is of the State and this Court hence a just solution must be found to protect the innocent litigants from hardship. For that purpose and to protect the interest of justice it is made clear that the appeals filed prior to 1.10.1996 shall have to be heard by this Court. Appeals from suits having valuation of less than Rs. 2 lakhs and filed on or after 1.10.1996 but before 19.2.2005 should be treated to have been filed before the proper court and transferred to this Court for decision under Section 24 of the Code of Civil Procedure. All orders passed in such appeals should be treated to be by a court of competent jurisdiction. Such appeal which are still pending in this Court may now be transferred to the court of respective District Judges competent to hear such appeals. After the records are received by the Court concerned on such transfer such courts will proceed in those appeals from the point at which it is transferred. The office should list such matters for orders at the earliest indicating that such appeals are for formal orders of transfer to respective courts so that concerned parties who have already appeared may have notice of such transfer. Out of present 15 appeals 11 belong to this category. Only F.A. 72, 73, 76 and 77 of 2005 have been filed in March 2005. Hence, the rest 11 appeals are ordered to be transferred to courts of concerned District Judges.

9. So far as appeals filed on or after 19.2.2005 having suit valuation less than Rs. 2 Lakhs are concerned the memorandum of those appeals be returned to the appellants or their counsel at the earliest, preferably within two weeks for bein