SARDAR SAROVAR NARMADA NIGAM Vs. NAVINCHADRA P.TRASLWALA

JUDGEMENT

(1.) Heard learned advocate Ms. Ritu Singh for learned advocate Ms. Sejal K. Mandavia for the appellant. Perused the record.

(2.) On perusal of papers, it appears that valuation of the suit is Rs.2,88,961.00. The suit is of the year 1992. Present appeal has been filed in the year 2000. During the pendency of the appeal, Legislature has passed Gujarat Civil Courts Act, 2005, wherein there is a specific provision under Sec. 30 (3) to the effect that all the appeals and suits etc. pending on that date, which are valued at less than Rs.5,00,000.00, are to be transferred to the concerned trial Court.

(3.) Admittedly, the present Appeal has been filed against the judgment and decree dtd. 5/5/2000 passed by Civil Judge (S.D.), Bharuch in Special Civil Suit No.99 of 1992. It is also not in dispute that the valuation of the matter is less than Rs.5.00 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 It is also admitted fact that pending this Appeal, the Bombay Civil Courts Act, 1869 has been repealed by virtue of Sec. 30 of the Gujarat Civil Courts Act, 2005. The provisions relating to the Appeals in the original Act is as follows: