KARTIK NATH JHA Vs. SMT. SEELA THAKUR

JUDGEMENT

(1.) This miscellaneous appeal, has been listed on the question of its maintainability. The point involved is, whether the appeal filed on 29.6.87 in this Court valued at Rs. 13,100/ - is maintainable in view of the jurisdictional value of High Court having been raised from Rs. 10,000/ - to Rs, 50,000/ - by Sec. 3 of Bengal, Agra and Assam Civil Courts (Bihar Amendment) Ordinance 1987 published in the Bihar Gazette (Extraordinary) on 26.5.87. The answer depends upon the interpretation of Sec. 3 of the Ordinance referred to above.

(2.) FACTS: A suit bearing Title Suit No. 56 of 1985 was instituted by plaintiff -respondent. The suit was decreed ex parte on 11.10.86 and the decree was signed and sealed on 15th December, 1986. An application for setting aside the ex parte decree under Order 9 Rule 13 of the Code of Civil Procedure was filed by the defendant -appellant which was rejected on 27.5.87. This miscellaneous appeal is directed against the said order refusing to set aside the ex parte decree.

(3.) According to Mr. Rama Kant Verma, the forum to enter the superior Court is a vested right and is governed by the law prevailing on the date of the Institution of the suit; this Ordinance having come into force from its publication in the Bihar Gazette on 26.5.87, it cannot affect or take away the vested right of the appellant to enter this Court on the basis of unamended provision where the valuation required was only Rs. 10,000/ -. Learned Counsel submits that there is no express and/or implied intendment from the Ordinance to show that it operates retrospectively. On the contrary, Sec. 1 (3) of the Ordinance envisages that it shall come into force at once.