Decided on July 16,1997

Subhash Chand Goel Appellant
UNION OF INDIA Respondents


M.SRINIVASAN,C.J. - (1.)This appeal is directed against an order passed by the Sub -Judge 1st Class, Kandaghat accepting an award passed by the Arbitrator and making it a rule of Court under Section 17 of the Arbitration Act. When the appeal was taken up, learned counsel for the appellant raised a doubt whether this appeal could be heard by this Court or whether it should be transferred to the Court of District Judge in view of the amount involved in the proceeding. Learned counsel drew our attention to the Notifications issued by this Court in HHC/Admn 6 (24)/74 -ll dated 21st February, 1995. By the Notification dated 21st of February the Court had in exercise of the powers vested under Section 29 read with Sections 10 and 11 of the H.P. Courts Act ordered that the Court of the District Judges/Additional District Judges shall have jurisdiction in all original Civil Suits value of which exceeds Rs. 2,00,000/ - but does not exceed Rs. 5,00f000/ -. Similarly the jurisdiction of the Senior Sub -Judges/Subordinate Judges was with reference to suits, the value of which does not exceed Rs. 2,00,000/ -. With regard to the other subordinate Judges the value of the suit should not exceed Rs. 50,000/ -. It is also ordered in the said notification that the Appeals from the judgment and decree of the Subordinate Judges shall lie to the District/Additional District Judges. The amendment was to come into force with immediate effect.
(2.)By the latter notification the Chief Justice in exercise of the powers vested in him under Section 21 -A of the Himachal Pradesh Courts Act, 1976 ordered the transfer of all the original civil suits the value of which should not exceed Rs. 5,00,000/ - to the respective District Judges in the state to whose jurisdiction the original suits related ot and the cause of action arose.
(3.)In the second paragraph of the notification it was stated that the first regular appeals against the decree or order of the subordinate Judge in which the value of the original suit did not exceed Rs. 2,00,000/ - were also transferred to the respective District Judges.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.