BEHARI LAL Vs. KESHRI NANDAN

JUDGEMENT

(1.) THESE are two execution First appeals, Initially, they came up on 11-2-1969 for admission before a Division Bench of this Court It was noticed that in each case valuation of the appeal and valuation of the suit in which the appeal arose was below Rs. 20.000. By Act No. 35 of 1968, which came into forceon 2- 12-1968, appellate jurisdiction of District Judges has been raised to Rs. 20, 000. The Question, therefore, arose whether these appeals lie to the High Court or to the District Court. It was urged for the ap pellants that, in spite of the passing of Act No. 35 of 1968, these appeals lie to the High Court. In support of this Con tention, two reasons were advanced on behalf of the appellants. Firstly, it was argued that Act No. 35 of 1968 is uncon stitutional. Secondly, even if it is assumed that the Act is constitutional, the present appeals are not governed by Act No. 35 of 1968. These questions are of great impor tance. The two appeals were, therefore, referred to a Full Bench.

(2.) FACTS , which are relevant on the question of jurisdiction, are these. Execu tion first appeal No. 32 of 1969 arises out of original suit No. 12 of 1957. Valuation of the suit was Rs. 14, 000. The suit was decreed on 7-11-1968. The decree-holder applied for execution.Certain property was sold in execution and was purchased by Devi Prasad, decree-holder.Keshri Nandan, judgment-debtor filed an objec tion. The objection was allowed by the Additional Civil Judge, Mirzapur on 16-11-1968. Execution first appeal No.32 ol 1969 has been filed by the legal represen tatives of Devi Prasad. The appeal was filed on 23-1- 1969. Valuation of the ap peal is Rs. 14, 000.

(3.) THE question of jurisdiction has to be discussed with reference to Act No. 35 of 1968, which was enacted by the Presi dent of India (hereafter referred to as the President's Act). It will be convenient to trace the history of legislation, which culminated in the passing of the Presi dent's Act. The Bengal, Agra and Assam Civil Courts Act, 1887 (hereafter referred to as the Civil Courts Act) deals with jurisdiction of Civil Courts. The Civil Courts Act has been amended from time to time. Section 21 of the Civil Courts Act deals with appellate jurisdiction of the High Court and District Judges.Accord ing to S.21 (1) (a). Civil Courts Act, as it originally stood, the maximum limit of jurisdiction of District Judges was Rupees 6, 000. By the U. P. Civil Laws (Reforms and Amendment) Act, 1954 (U. P. Act No. 24 of 1954), the limit of jurisdiction of District Courts was raised from Rupees 5, 000 to Rs. 10, 000.