SHIVARUDRAPPA GIRIMALLAPPA SABOJI Vs. KAPURCHAND MEGHAJI MARWADI

JUDGEMENT

(1.) In this appeal, we are asked to pronounce against the constitutionality of sections 19 and 29(2)(c) of the Mysore Civil Courts Act, 1964 (Mysore Act No. 21 of 1964).

(2.) The question arises in this way. On July 5, 1956, the Civil Judge, Senior Division Bijapur made an order in certain execution proceedings refusing the adjournment prayed for by the two judgment-debtors who are the appellants before us and directing execution to proceed. The value of the subject matter of the suit which is source of this appeal was more than Rs. 10,000/- but less than Rs. 20,000/-. Under Section 26 of the Bombay Civil Courts Act, in all cases in which the subject matter of the suit exceeds Rs. 10,000/- and appeal could be preferred to the High Court. It was under the provisions of that section that the judgment-debtors who felt aggrieved by the order of the Civil Judge preferred an appeal to the High Court of Bombay which, on a certificate issued by the Chief Justice of the High Court of Bombay under Section 62(2) of the States Reorganisation Act, stood transferred to this Court.

(3.) During the pendency of this appeal, the legislature of the new State of Mysore made a law intituled the Mysore Civil Courts Act, 1964. Under Section 1(3) of this Act, the State Government made a notification specifying July 1, 1964 as the date of the commencement of the operation of the Act. Since then the Act is in force.