DURYODHAN SAMAL Vs. UMA DEI

JUDGEMENT

(1.) This appeal arises out of a suit for partition (O.S. No. 136 of 1978-I of the Court of the Subordinate Judge, Bhadrak) which was instituted on 6-10-1978 and was disposed of by judgment dt. 28-2-1985 and decree dt. 13-3-1985/15-3-1985. This appeal valued at Rs.5,900/-, the same being the valuation of the suit out of which it arises, was filed on 3-5-1985 in this Court. A question as to the maintainability of this appeal has been raised in view of the provisions contained in S.16(2) of the Orissa Civil Courts Act, 1984 (Orissa Act 18 of 1984) (for short, hereinafter referred to as 'the Act'). The Act was assented to by the President of India on 30-7-1984. S.1(3) of the Act provides that this Act shall come into force on such date as the State Government may, by notification, appoint in this behalf. In exercise of the said power conferred by S.1(3) of the Act, the State Government by notification dated 21-12-1984 has appointed the 1st day of January, 1985 as the date on which the Act shall come into force.

(2.) S.25 of the Act repeals the Bengal, Agra and Assam Civil Courts Act, 1887 in its application to the State of Orissa with effect from the date of coming into force of the Act. Consequently, the establishment and the regulation of the Civil Courts in this State which were being governed by the Bengal, Agra and Assam Civil Courts Act, 1887 are now governed by the Act.

(3.) The question that arises for decision is as to whether irrespective of the date of the institution of the suit an appeal from a decree or order of the Subordinate Judge shall lie to the District Judge where the value of the original suit in which or in any proceeding out of which the decree or order was made did not exceed Rs. 20,000/-, as per the provisions of S.16(2) of the Act.