Ramunni Kurup vs Chirutha

Sankaran C. J.

The suit is valued at Rs. 5,919/- and it was instituted prior to the passing of the Kerala Civil Courts Amendment Act of 1958. The decree in the case was also passed prior to the passing of the Amending Act, By the amending Act, section 13 of the original Act was modified by enhancing the appellate jurisdiction of the District Court. Appeals against decrees and orders in suits, the value of which is less than ten thousand rupees would now lie to the District Court, At the same time, it is made clear by clause (2) of section 4 of the Amending Act, that decrees and orders passed prior to the passing of the Amending Act, will be governed by the pre-existing law. Under that law appeals against decrees and orders in suits of the category as the present one would lie to the High Court. That law must govern the present appeal because the decree in the case was passed prior to the passing of the Amending Act which has not modified the general provision contained in section 106, C.P.C. The order in question was passed in the course, of the execution of the decree which was passed prior to the Amending Act and hence section 106, C.P.C. is attracted. It follows therefore that the present appeal has to be entertained in this Court. The appeal is thus filed in the proper-court. Ordered accordingly.