- (1.) The valuation of this appeal is below Rs. 10,000.
(2.) A question has arisen whether the U.P. Civil Laws (Reforms and Amendment) Act 24 of 1954 whereby appeals of the value of Rs. 10,000 or less are now to be preferred in the court of the District Judge and not in the High Court applies to decrees in suits which were instituted before the commencement of the Act. As, at present advised, we think, that the matter is governed by the well known .principle as laid down in the Colonial Sugar Refining Company Limited and Irving 1905 A.C. 369 and Hoosein Kasam Dada (India) Ltd. v. The State of Madhya Pradesh,1993 AIR(SC) 224 that a right of appeal is not merely a matter of procedure but is a matter of substantive right and that the right of appeal from the decision of an inferior tribunal to a superior tribunal becomes vested in a party at the initiation of the proceedings. Section 3 of the amended Act says that any right, title, obligation or liability already acquired, accrued or incurred shall continue to be heard and decided by such court. Accordingly the right of appeal which had become vested in a party before the commencement of the Act is not affected by the provisions of the Act. All those appeals, therefore, which lay to this Court under the old law would still continue to lie to this Court provided that the suit or other proceeding was instituted prior to the commencement of the Act. The appeal is, therefore, allowed to be filed in this Court.
(3.) Let notice issue.;