GUJARAT ELECTRICITY BOARD Vs. KESHARBHAI BHAGVANBHAI GOHIL

JUDGEMENT

(1.) Heard learned advocates for the respective parties. Perused the record.

(2.) On perusal of papers, it appears that the suit is of the year 1994. Present appeal has been filed in the year 1997. 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. 30/11/1996 passed by the learned 2nd Jt. Civil Judge (S.D.), Amreli in Special Civil Suit No.13 of 1994. 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 It is also admitted fact that pending this Appeal, the Bombay Civil Courts Act, 1869 has been repealed by virtue of Sec. 30 of the Gujarat Civil Courts Act, 2005.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: