Satish Chandra, J. - (1.) IN this and the connected applications, the applicants prayed that the first appeal pending in the Court of the District Judge concerned may be withdrawn and disposed of by this Court under Sec tion 24 (il) (b). Civil P.C. At the hearing of these applications, a learned Sin gle Judge felt that there was a conflict between two Division Bench decisions. He referred the applications to a Full Bench.
(2.) THE first appeals involved In these applications were instituted in the High Court and were pending disposal here. The U. P.Civil Laws Amendment Act. 1970 came into force on 8th April, 1970. Section 4 amended Section 21 of the Bengal, Agra and Assam Civil Courts Act, 1887. It provided: "4. Amendment of Section 21 of AeB XII of 1887.- In Section 21 of the Ben gal. Agra and Assam Civil Courts Act, 1887, as amended in its application to Uttar Pradesh (hereinafter referred to as the Bengal, Agra and Assam Civil Courts Act), for sub-section (1), the fol lowing sub-sections shall be substituted, namely:- (1) Save as aforesaid, an appeal from a decree or order of a Civil Judge shall lie-fa) to the District Judge where the value of the original suit in which or in any proceeding arising out of which, the decree or order was made, whether in stituted or commenced or decided before or after the commencement of the Uttar Pradesh Civil Laws Amendment Act, 1968 (President's Act XXXV of 1968), was less than twenty thousand rupees and (b)To the High Court in any other case:-(1-A) An appeal from a decree of order of a Civil Judge where the value of the original suit in which, or in any proceeding arising out of which, the de cree or order was made exceeded ten thousand rupees but was less than twenty thousand rupees instituted in the High Court before the date of com mencement of the Uttar Pradesh Civil Laws Amendment Act, 1970. and pend ing in the High Court immediately be fore the said date, not being an appeal in which arguments have been conclud ed before the said date and only judg ment disposing of the appeal remains to be pronounced, shall stand transferred to the District Judge having jurisdiction who may either decide it himself or assign it to any Additional Judge sub ordinate to him. (1-B) The period of limitation pres cribed for filing an appeal from a de cree or order of a Civil Judge where the value of the original suit in which, or in any proceeding arising out of which, the decree or order was made exceeded ten thousand rupees but was less than twenty thousand rupees and the decree orrd was made before December 2. 1968. shall notwithstanding anything in the Limita tion Act. 1963 (Act XXXVI of 1963) be to be and always to have been le as if the appeal continued to the High Court" The effect of the Amending Act .at henceforth appeals of valuation than twenty thousand rupees lay Pull District Judge. By sub-sec. (1-A) peals pending in the High Court, of -Valuation between Rs. 10.000/- and 0,000/- stood transferred to the Dis-Judge concerned. The only excep-engrafted to this wholesale transffas for appeals in which arguments been concluded before the date the Amending Act came into force, namely ire 8th April. 1970, and only the tment disposing of the appeal remain-;o be pronounced.
(3.) Section 24 (1). Civil Procedure Je confers power of transfer and with-iwal on the High Court as well as ; District Court. Under sub-clause (a) High Court or the District Court n transfer any suit, appeal or other oceeding pending before it to any ourt subordinate to it for trial or dis-jsal; whereas, under clause (b). the iigh Court or the District Court can withdraw any suit, appeal or other pro-:eeding pending disposal in any Court subordinate to it and try or dispose of the same itself, or transfer the same to any subordinate Court for trial or dis posal.;