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2006 DIGILAW 592 (KER)

Ambili v. Federal Bank Ltd.

2006-09-12

K.T.SANKARAN, P.R.RAMAN

body2006
Judgment :- P.R. Raman, J. 1. The present appeal is filed against the judgment and decree passed by the Subordinate Judge's Court, Attingal in O.S.No.101/2002. Admittedly, the valuation shown in the plaint was Rs. 1,14,000/- as on the date of institution of the suit and an appeal will lie from the decree passed in the said suit only to the District Court as per the provisions of S.13 of the Civil Courts Act, which reads as follows: “Appellate jurisdiction of District Court and Subordinate Judge's Court.- (1) Appeals from the decrees and order of a Munsiff’s Court and where the amount, or value of the subject matter of the suit does not exceed (two lakes rupees) from the original decrees and orders of a Subordinate Judge's Court shall, when such appeals are allowed by law, lie to the District Court.” It is by Amendment Act 6 of 1996 that the jurisdictional value was enhanced to Rs. 2,00,000/-. 2. Along with the appeal now filed before this Court there was a petition for condonation of delay. Hence notice was ordered on the same and the respondent entered appearance and raised preliminary objection regarding maintainability of the appeal. 3. A Division Bench of this Court prima facie felt that the appeal will lie to the District Court and the matter was posted for hearing. Learned counsel for the appellants contends that as per the provisions of S.3(13) of the High Court Act, an appeal will lie to this Court. According to him, even, though the Civil Courts Act was amended enhancing the value, no corresponding amendment was made in the High Court Act. According to us, this is besides the point. As per S.3 of the High Court Act, it only deals with the power of the Single Judge in matters where the Forum for filing an appeal is this Court. In other words, if an appeal lies to this Court, the question as to whether the matter should be heard by a Single Bench or Division Bench is dealt with under Ss.3 and 4 of the High Court Act respectively. In this case Forum for appeal is to be decided based on the provisions contained in the Civil Courts Act and admittedly an appeal will lie to the District Court. If that be so, the argument based on S.3 of the High Court Act, is not tenable. In this case Forum for appeal is to be decided based on the provisions contained in the Civil Courts Act and admittedly an appeal will lie to the District Court. If that be so, the argument based on S.3 of the High Court Act, is not tenable. Learned counsel for the appellants placed reliance on the decisions of this Court in Mary v. Pappu (2001 (1) KLT 12). That is a case where an appeal was heard by a Division Bench and ultimately the appeal was dismissed. Thereafter, a review petition was filed. This Court held that the amendment of Civil Courts Act and the enlargement of the appellate jurisdiction of the District Court cannot by itself affect the jurisdiction of the High Court under Ss. 3 and 4. This Court also held that a litigant has no right to say as to how many Judges should hear his case. It was also held that the jurisdiction of the District Court as an Appellate Court was enhanced to Rs.2,00,000/- with effect from 27/3/1996 also cannot affect the question, since the appeal presented was governed by the provisions as it stood prior to the amendment. Therefore, the question was as to whether the amendment brought out to the Civil Courts Act will affect the right of appeal arising from a suit instituted prior thereto. We are not concerned with any such question here. As already observed above, an appeal will lie to the District Court, as per the provisions as it stood on the date of institution of the suit and going by the provisions contained in the Civil Courts Act, the subject matter of the appellate jurisdiction of the District Court has been enhanced to Rs.2,00,000/- and therefore the appeal will lie to the District Court. 4. In such circumstances, it cannot be said that by virtue of S.3, an appeal will lie to this Court. As far as the decree of the civil court is concerned, the Forum for filing an appeal will be determined by the provisions contained therein. Accordingly, we hold that an appeal will not lie to this Court. 5. The Registry shall return the appeal for presentation to the appropriate court copy of the decree produced in his case shall also be returned, after substituting photostat copy thereof.