SRICRISHNA C S MOLIENCAR Vs. ELIAS DSOUZA
HIGH COURT OF BOMBAY
Sricrishna C S Moliencar
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(1.) The preliminary point to be decided by me in this appeal is the question of jurisdiction.
(2.) It is contended by the respondent that the jurisdiction to hear and dispose of this appeal is, by virtue of Section 6 read with Section 22 of the Goa. Daman and Diu Civil Courts Act, 1965 (hereinafter referred to as "the Act") given to the District Court and that this Court has no jurisdiction to hear it. The said Sections 6 and 22 read as follows :-
"Section 6 - Save as otherwise expressly provided in this Act, the District Court shall be the Court of Appeal from all decrees and orders passed by the subordinate courts from which an appeal lies under any law for the time being in force. Section 22 - In all suits decided by a Civil Judge of which the amount or value of the subject-matters exceed ten thousand rupees the appeal from his decision shall be direct to the High Court"
In view of the provisions of these two sections it appears, prima facie, that jurisdiction in all appeals of which the value does not exceed Rs. 10,000/-lie to the District Court irrespective of the fact whether the appeal arises out of a proceeding instituted prior to the coming into force of the Civil Procedure Code or thereafter.
(3.) It is however contended by the appellant that in proceedings filed prior to the coming into force of the Civil Procedure Code, 1908 (hereinafter referred to as "the Indian Code") the jurisdiction given to the Judicial Commissioner's Court by Section 8 of the Goa. Daman and Diu (Judicial Commissioner's Court) Regulation, 1963 (hereinafter called "the Regulation") to hear such appeals remains unaffected. The grounds on which the appellant bases his contention are as follows :-
"1. Under Section 8 (1) of the Regulation jurisdiction of Tribunal de Relacao was transferred to Judicial Commissioner's Court and thereby saved;
2. The preamble to the Act provides only for District Court and Subordinate Courts, therefore the Act does not affect the jurisdiction of Judicial Commissioner's Court;
3. In accordance with preamble to the Act, Section 6 provides only for appeal from Subordinate Courts and does not deal with appeals to Judicial Commissioner's Court;
4. This argument is supported by the fact that Section 8 (2) (a) of Judicial Commissioner's Court Regulation speaks of "sentences" also. Section 34, Civil Courts Act repeals Organizacao Judiciaria do Ultramar and not the Regulation; and
5. Under Section 35 of the Civil Courts Act the power exercised by Comarca Judge is to be performed by Civil Judge Senior Division and Sections 20 (2), 34 (2) (b) and 35 clearly give jurisdiction of Comarca Judge to Senior Civil Judge.";
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