Satish Chandra J. - (1.) A Division Bench of this Cpurt had referred the following question to a Full Bench:- "Where an execution proceeding is commenced after the enforcement of the U. P. Civil Laws (Reforms and Amend ment) Act, 1954, for executing a decree passed after the commencement of the said Act in a suit instituted in 1934 and valued at less than Rs. 10, 000 but more than Rs. 5000, will an appeal from an order passed in such an execution pro ceeding lie in this Court or in the Court of the District Judge?" The question arises in this way. Bisham-bhemath Khazanchi filed a suit ( No' 21 of 1934) in the Court of the Subordinate Judge, Agra, for partition and posses sion. The suit was valued at Rs. 7162/8. On 5th September, 1959, a final decree for partition and possession of a one-fourth share of the plaintiff was pro-nonounced. The value of the plaintiff's share was determined at Rs. 27, 278. An application to execute the decree was filed on 17th February, 1965. The judgment-debtors-respondents filed an objection under Section 47, Civil P. C., which was allowed on 23rd December, 1967. The ob jection was valued at Rs. 27, 778. The decree-holder filed the present Execution First Appeal in this Court against the order dated 23rd December, 1967. The appeal was valued at the same figure of Ks. 27, 778.
(2.) THE respondents moved an applica tion under R. 24 of Chapter VIII of the Rules of Court stating that an appeal against the order dated 23rd December, 1967, lay to the Court of the District Judge. The present appeal to this Court was incompetent. It was prayed that the appeal be disposed of on this preliminary point. The Division Bench hearing the matter felt that the question, was of general importance and deserved to be adjudicated by a Full Bench. That is how the matter has come before this Full Bench. The question whether an appeal would lie to this Court or to the Court of the District Judge in the present case depends on the impact of the settled prin ciple that a right of appeal is a substan tive right and vests on the date of the commencement of the lis, upon the am endment introduced to Section 21 of the Bengal, Agra and Assam Civil Courts Act by the U. P. Civil Laws (Reforms and Amendment) Act, 1954, considered in the context of the relevant provisions in the Code of Civil Procedure.
(3.) THE Code of Civil Procedure, 1908, consolidates and amends the laws relat ing to the procedure of the Courts of Civil jurisdiction. In Part I it deals with suits in general. Its Part II provides for ex ecution. Part VII deals with appeals and Part VIII relates to reference, review and revision. Section 96 provides an appeal from every decree passed by any Court exercising original jurisdiction to the Court authorised to hear appeals from the decisions of such Courts. It confers a right of appeal from decrees, but does not provide the forum of appeal.;