(Per : HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
1. The appellant herein, by preferring the present appeal, challenges the the judgment and decree passed by the learned Civil Judge (S.D.), Ahmedabad [Rural] at Dholka, in Special Civil Suit No.311 of 1995 .
2. Undisputedly, the Gujarat Civil Courts Act, 2005 has come into force with effect from 9th May, 2005. Following two provisions are of relevance :-
"15. (1) Appeals from the decrees and orders passed by a Court of District Judge in original suits and proceedings of civil nature shall, when such appeals are allowed by law, lie to the High Court.
(2) Appeals from the decrees and orders passed by a Court of Senior Civil Judge in original suits and proceedings of civil nature shall, when such appeals are allowed by law, lie-
(a) to the Court of the District Judge of the district when the amount or value of the subject matter of the original suit or proceedings is less than five lakhs of rupees or such other sum as the High Court may, from time to time, specify.
(b) to the High Court in other cases.
(3) Appeals from the decrees and orders passed by a Court of Civil Judge in suits or proceedings of a civil nature, shall, when such appeals are allowed by law, lie to the Court of District Judge of the district.
Provided that the High Court may, in consultation with the State Government, by notification, direct that such appeals against decrees or orders may lie to the Court of Senior Civil Judge when the amount or value of the subject matter of the suit or proceeding is less than one lakh of rupees and thereupon appeals shall be preferred accordingly.
(4) The provisions of this section will apply to all decrees and orders made after the appointed date irrespective of the fact whether the suits or proceedings in which they are made were instituted before or after the appointed date."
"30. (1) Repeal and Savings.
30. (1) On and from the appointed date the Bombay Civil Courts Act, 1869 (Bom. XVI of 1869), in its application to the State of Gujarat, shall stand repealed.
(2) Such repeal shall not affect the previous operation of the enactment so repealed and anything done or any action taken including the districts formed, limits defined, courts established or constituted, appointments, rules or orders made, functions assigned, powers granted, seals or forms prescribed, jurisdiction defined or vested and notifications or notices issued by or under the provisions of the said Act and deemed to have been done or taken under the provisions thereof shall, in so far as it is not inconsistent with the provisions of the Act and shall continue in force unless and until superseded by anything done or any action taken under this Act.
(3) Notwithstanding anything contained in sub-section (1) or any other provisions of this Act or in the enactment repealed by sub-section (1) or in any other law or provision having the force of law, all suits appeals and proceedings connected therewith, pending before any court, which under this Act have to be instituted or commenced in another court, shall, on the appointed day, stand transferred to such other court and shall be continued and disposed of by such other court in accordance with law as if such suit and proceedings had been instituted or commenced in such other court under this Act.
(4) If there be any doubt as to which court any suit, appeal or proceedings shall stand transferred or as to which court any appeal shall be preferred in accordance with the provisions of this Act the court designated by the High Court shall be the court to which such suit, appeal or proceedings shall be transferred or such appeal shall be preferred, and the decision of the High Court shall be final.
(5) Notwithstanding such repeal, the provisions of section 7 of the Bombay General Clauses Act, 1904 shall apply in relation to the repeal of the Bombay Civil Courts Act, 1869 (Bom. 1 of 1869) as if the Act had been an enactment within the meaning of the said section 7."
3. In light of the provisions contained in Section 15, appeals from decrees and orders passed by Court of Senior Civil Judge in original suits and proceedings of civil nature shall lie to the Court of District Judge, when the value of the subject matter of the original suit or proceedings is less than Rs.5 lakhs.
4. Sub-section (3) of Section 30 of the said Act provides that, irrespective of what is provided in sub-section (1) of Section 30 on anywhere else in the said Act or in any other law or provision having the force of law, all suits, appeals and proceedings connected therewith pending before any Court , which under the Act have to be instituted or commenced in another Court, shall, on the appointed day, stand transferred to such other court and shall be continued and disposed of by such other Court in accordance with law as if such suit and proceedings have been instituted or commenced in such other Court under the Act."
3. The effect of the above provisions is that an appeal, which is pending before this Court, subject matter of which is valued at less than Rs.5 lakhs, shall stand transferred to District Court, if the appeal arises out of a Senior Civil Judge.
3.1 It would be appropriate to note that, in the opinion of this Court, sub-section (4) of Section 15, which provides that the provision of Section 15 will apply to all decrees or orders made after the appointed date, irrespective of the fact that whether the suits or proceedings in which they are made were instituted before or after the appointed date, will have no bearing in light of provisions contained in Section 30(3) of the Act, which starts with a non-obstante clause and provides that notwithstanding anything contained in the Act or any other law or provision having the force of law, all suits, appeals and proceedings shall stand transferred to the Court before which it should be instituted or commenced.
4. Coming to the present matter, undisputedly, the decree under challenge is passed by learned Civil Judge (S.D.) (now nomenclatured as Senior Civil Judge) and the suit and the appeal are valued at an amount which is lesser than Rs.5 lakhs. Under the circumstances, by virtue of provisions contained Section 30(3) of the Gujarat Civil Courts Act, 2005, the appeal stands transferred to the Court of District Judge, for disposal in accordance with law. The Registry is directed to transfer the appeal at the earliest along with R & P of the Trial Court, if lying before this Court. For the purpose of this Court, the appeal stands disposed of.
5. In view of the order passed in the Appeal, no order on the Civil Application.
[ A.M. KAPADIA, J. ] [ J.C. UPADHYAYA, J.] * Pansala.
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