PUNJAB NATIONAL BANK Vs. LAXMI CHAND SUNDER DASS

JUDGEMENT

(1.) The above noted regular first appeal was filed in the High Court in March 1981 (1979 ?) against the decree dated 24th Jan., 1979 of Senior Sub Judge, Bhatinda. The jurisdictional value, of the appeal is claimed to be Rs. 1,56,675/-. During the pendency of this appeal, the Punjab Courts Act, 1918, was amended by Punjab Act No. 5 of 1980 (hereinafter referred to as the Amendment Act, 1980), which is deemed to have come into force on 9th., 1980. In view of the provisions of sub-s. (3) of S. 3 thereof this appeal, the value of which does not admittedly exceed five lac rupees, was ordered to be transferred to the District Judge, Bhatinda. By the present civil miscellaneous application, the said order of transfer has been challenged.

(2.) The crucial point for determination is whether by virtue of the provisions of sub-section (3) of Section 3 of the Amendment Act, 1980, an appeal, the value of which does not exceed five lac rupees. filed in the High Court before the commencement thereof, i.e., 9th Jan., 1980, and pending in the High Court shall stand transferred to the District Judge exercising ordinary territorial Jurisdiction in such appeal.

(3.) A short legislative history of S. 39 of the Punjab Courts Act. 1918 (hereinafter referred to as the principal Act), which stands amended by the Amendment Act in question, is as follows : Formerly, an appeal from a decree or order of a subordinate Judge lay to the District Judge where the value of the original suit did not exceed five thousand rupees. In any other case, the appeal lay to the High Court. Later, the Punjab Act No. 35 of 1963 brought about an amendment to the effect that where the decree or order was made by the subordinate Judge before 28th June, 1963, and the value of the original suit did not exceed five thousand rupees or where the decree or order was made after 28th June, 1963 and the value of the original suit did not exceed ten thousand rupees, appeal lay to the District Judge. and to the High Court in any other case. The next amendment of S. 39 of the principal Act was made by the Punjab Courts (Amendment) Act, 1975, with effect from 21st July, 1975. By that amendment, the jurisdiction of the District Judge to hear an appeal was enhanced in cases where the value of the original suit in which the decree or order was made did not exceed twenty thousand rupees. It was further provided therein that all appeals pending in the High Court, the value of which did not exceed twenty thousand rupees, shall stand transferred to the District Judge exercising ordinary territorial jurisdiction in such appeals. Then on 9th Jan., 1980, the Punjab Courts (Amendment) Ordinance, 1979 (Punjab Ordinance No. 1 of 1980) was promulgated by which in S. 39(1)(a) of the principal Act, for the words "twenty thousand rupees", the words "five lakh rupees" were substituted. It will not be out of place to mention here that no identical amendment was made by Punjab Ordinance No. 1 of 1980 in sub-s. (2) of S. 39 of the principal Act providing for transfer of pending appeals from the High Court to the District Judge concerned. In Mohinder Singh v. Baldev Kaur, F. A. O. No. 79 of 1980 decided by a Bench of this Court on 9th Apr., 1980, the scope of the Punjab Ordinance No. 1 of 1980, came up for consideration. The learned Judge held as under :--