RENUKA PACHAL Vs. CHAPA GUHA NEOGI

JUDGEMENT

(1.) This matter has been referred to a larger Bench by the Division Bench consisting of Pradyot Banerjee and G. N. Ray, JJ. by an order made on the 23rd Nov., 1977. The question is whether the Bengal, Agra and Assam Civil Courts (West Bengal Amendment) Act being Act XXVI of 1969 is retrospective in operation. In an unreported decision of a Division Bench of this Court it was held that the amendment Act was not retrospective. This decision was pronounced on the 3rd Dec., 1976 but certain earlier Division Bench decisions were not considered. In the earlier decisions similar amendment Acts were held to be retrospective. Banerjee and Ray JJ. were inclined to agree with the earlier decisions. That is why, the present reference has been made.

(2.) Let us first discuss the relevant facts. The Bengal, Agra and Assam Civil Courts Act was passed in 1887. Before 1957, Section 21 (1) of this Act ran thus :

(3.) In 1957 by the West Bengal Act No. XVI of 1957, Section 21 (1) (a) was amended. For the words "five thousand rupees" in Section 21 (1) (a) the words "ten thousand rupees" were substituted. The Act came into force on the 4th Jan., 1958. The effect of the amendment was that an appeal from a decree or order of a subordinate Judge lay to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed ten thousand rupees.