METRO APPLIANCES Vs. STATE BANK OF SAURASHTRA

JUDGEMENT

(1.) The registry has listed this matter along with the submission stating that this appeal was wrongly shown as "dispose of". It is stated that, on verification, no order of disposal of the appeal was found.

(2.) On perusal of papers, it appears that valuation of the suit is Rs.2,81,084.08 ps. The suit is of the year 1991. Present appeal has been filed in the year 1995. During the pendency of the appeal, Legislature has passed Gujarat Civil Courts Act, 2005, wherein there is a specific provision under Section 30 (3) to the effect that all the appeals and suits etc. pending on that date, which are valued at less than Rs.5,00,000/-, are to be transferred to the concerned trial Court.

(3.) Admittedly, the present Appeal has been filed against the judgment and decree dated 26.04.1994 passed by Civil Judge (S.D.), Surendranagar, in Special Civil Suit No.11 of 1991. It is also not in dispute that the valuation of the matter is less than Rs. 5 Lakhs at the time of filing of the present Appeal. It is also admitted fact that pending this Appeal, the Bombay Civil Courts Act, 1869 has been repealed by virtue of Section 30 of the Gujarat Civil Courts Act, 2005. The provisions relating to the Appeals in the original Act is as follows:-