I VANKATD REDDY Vs. I AYODHYAMMA

JUDGEMENT

(1.) Since the question of law involved in these S.Rs. is common, they are being disposed of by this common order. The question for consideration is whether the A. P. Civil Courts Act, 1972 (hereinafter referred to as the Act), is retrospective or prospective. The Office has raised the objection that the Act is retrospective in nature and, therefore, the appeal which has been filed against the decree of the Court of Sub-Judge to the High Court after the Act came into force and in which the valuation is not more than Rs. 15,000/ ought to have been filed in the Court of the District judge and not in the High Court.

(2.) In order to appreciate the contentions, it is necessary to examine the relevant provisions of the Act. The Act received the assent of the Governor on 13th October 1972. The preamble to the Act provides that it is only to consolidate and amend the law relating to the Civil Courts subordinate to the High Court in the State of Andhra Pradesh. In Section 1(3) it is provided that the Act shall come into force in such area and on such date as the Government may, by notification, appoint, and they may appoint different dates for different areas and for different provisions of this Act.

(3.) The next relevant provision which concerns us in this case, is section 17 of the Act, which is as follows: