SRICRISHNA C S MOLIENCAR Vs. ELIAS DSOUZA

JUDGEMENT

(1.) The preliminary point to be decided by me in this appeal is the question of jurisdiction.

(2.) It is contended by the respondent that the jurisdiction to hear and dispose of this appeal is, by virtue of Section 6 read with Section 22 of the Goa. Daman and Diu Civil Courts Act, 1965 (hereinafter referred to as "the Act") given to the District Court and that this Court has no jurisdiction to hear it. The said Sections 6 and 22 read as follows :-

(3.) It is however contended by the appellant that in proceedings filed prior to the coming into force of the Civil Procedure Code, 1908 (hereinafter referred to as "the Indian Code") the jurisdiction given to the Judicial Commissioner's Court by Section 8 of the Goa. Daman and Diu (Judicial Commissioner's Court) Regulation, 1963 (hereinafter called "the Regulation") to hear such appeals remains unaffected. The grounds on which the appellant bases his contention are as follows :-