Case Note & Summary
The appellant, The Corlim Education Society, was defendant No.1 in Special Civil Suit No.137/1991/A filed by respondent No.1, Shri Nicolou M. Dias, in the Court of Civil Judge, Senior Division, Panaji. The Government of Goa was defendant No.2. During the pendency of the suit, the Government of Goa issued a notification dated 16.3.2004 amending the Goa Civil Courts Act by the Amendment Act, 2004, inserting Section 26A. This section provided that all suits received or registered before the commencement of the Amendment Act, where the valuation exceeds Rs. 5 lakhs, shall be transferred to the District Court, and the Civil Judge Senior Division shall have no jurisdiction to try such suits. The appellant challenged the jurisdiction of the Civil Judge Senior Division to continue trying the suit, arguing that the amendment retrospectively barred such jurisdiction. The court considered the language of Section 26A, which explicitly states that it applies to suits received or registered before the commencement of the Amendment Act, and that the Civil Judge Senior Division shall have no jurisdiction to try such suits. The court held that the amendment is retrospective in operation and clearly ousts the jurisdiction of the Civil Judge Senior Division over suits valued above Rs. 5 lakhs. Consequently, the appeal was allowed, the judgment and decree of the trial court were set aside, and the suit was directed to be transferred to the District Court for disposal. The court also ordered that the parties bear their own costs.
Headnote
A) Civil Procedure - Jurisdiction - Retrospective Amendment - Section 26A Goa Civil Courts Act, 1965 - Amendment Act 2004 inserted Section 26A providing that all suits received or registered before commencement of the Amendment Act shall be transferred to the District Court if the valuation exceeds Rs. 5 lakhs, and the Civil Judge Senior Division shall have no jurisdiction to try such suits - The court held that the amendment is retrospective in operation and applies to pending suits, thereby ousting the jurisdiction of the Civil Judge Senior Division and requiring transfer to the District Court (Paras 3-6). B) Civil Procedure - Transfer of Suits - Pending Suits - Section 26A Goa Civil Courts Act, 1965 - The provision mandates transfer of all suits pending before the Civil Judge Senior Division where the valuation exceeds Rs. 5 lakhs to the District Court - The court held that the amendment clearly bars the jurisdiction of the Civil Judge Senior Division and the suit must be transferred to the District Court for disposal (Paras 4-6).
Issue of Consideration
Whether the Amendment Act of 2004, which inserted Section 26A in the Goa Civil Courts Act, 1965, retrospectively bars the jurisdiction of the Civil Judge Senior Division to try suits valued above Rs. 5 lakhs and requires transfer of such pending suits to the District Court.
Final Decision
The appeal is allowed. The judgment and decree passed by the Civil Judge, Senior Division, Panaji in Special Civil Suit No.137/1991/A are set aside. The suit is directed to be transferred to the District Court for disposal in accordance with law. The parties shall bear their own costs.
Law Points
- Retrospective operation of amendment
- jurisdiction of civil courts
- valuation of suit for jurisdiction
- transfer of pending suits
- bar on jurisdiction
