AIR 1964 SUPREME COURT 489 ::1963 (2) ALL. L. J. 515 ::1963 2 SCJ 479 ::1964 (1) SCR 362 ::1964 (1) SCWR 354 ::ILR 1963 2 All 694 ::ILR 1963 All WR (HC) 43

Supreme Court Of India

(From Allahabad)*

Hon'ble Judge(s): B. P. Sinha, P. B. Gajendragadkar, K. N. Wanchoo, K. C. Das Gupta, J. C. Shah , JJJ

(A) Bengal Agra and Assam Civil Courts Act (12 of 1887) , S.3(1), S.21— Civil P.C. (5 of 1908) , S.24— High Court can transfer cases to Courts competent to hear appeals - Appeals of valuation of Rs. 10,000/- or less in suit decided before Civil Courts Act and appeals from which were pending before High Court - District Courts not competent to hear such appeals - Appeal could not be transferred to them - Object of amendment of S. 21. Sp. App. No. 82 of 1962 D/- 13-7-1962 (All), Reversed. S. 24 Civil P. C. postulates that the Court to which the suit or appeal or other proceeding is transferred should be competent to try or dispose of the same.(Para 6) In the face of S. 3 (1) of the Bengal Agra and Assam Civil Courts Act (12 of 1887), it is impossible to hold that the District Courts were competent to hear appeals of the valuation of ten thousand rupees or less in suits decided before the Act, came into force and appeals from which were pending before the High Court.(Para 6) Giving full effect to the words "any proceeding instituted or commenced in any Court prior to the commencement of this Act shall, notwithstanding any amendment herein made continue to be heard and decided by such Court" in S. 3(1), the High Court and the High Court alone would be competent to hear and decide the ap....