Bombay High Court
RANCHOD BIJIA TANDELversusSHRI. KALAN BIJIA
- Decided
- Disposal
- Transfer to other Court
- Bench
- RAJESH S PATIL
Holding
The appeal is to be transferred to the concerned district court as its value is below Rs.10,00,000 under Section 25A.
Summary
The appellant Ranchod Bijia Tandel filed a first appeal (No. 209 of 2003) before the Bombay High Court against Kalan Bijia. The Assistant Registrar reported that, under Section 25A of the Goa, Daman and Diu Civil Courts Act, 1965, appeals with a subject‑matter value not exceeding ten lakh rupees pending before the High Court must be transferred to the appropriate district court. The appellant argued that the valuation should be based on the date of the hearing, not the filing, and therefore the appeal should not be transferred. The Court examined the report and the pleadings, found the total valuation of the assets to be Rs.4,36,000, which is below the ten‑lakh threshold, and rejected the appellant’s submission. Consequently, the Court ordered that the appeal be transferred to the concerned district court.
Issues considered
- Whether the first appeal should be transferred to the district court under Section 25A of the Goa, Daman and Diu Civil Courts Act, 1965 based on the valuation of the subject matter.
- Whether the valuation at the time of filing of the suit or at the date of hearing is the appropriate basis for determining the applicability of Section 25A.
Subjects
- transfer of appeal
- jurisdiction
- valuation of subject matter
- Section 25A
- Civil Courts Act
- High Court
- District Court
Judgment
7. FA 209-2003.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 209 OF 2003
Ranchod Bijia Tandel ..Appellant
Versus
Kalan Bijia ..Respondent
Mr. C. M. Kothari, Advocate, for the Appellant
Mr. Sagar Talekar, Advocate, for the Respondent
CORAM : RAJESH S. PATIL, J.
DATE : 2 JULY, 2026
P. C.
1. On the directions of this Court, the Assistant Registrar, First
Appeal Department has submitted its report dated 20 February, 2026.
2. The aforesaid report states that this Court by an Order dated
12 November, 2025 was pleased to direct the Registry to verify whether
the Appeal in view of the Notification dated 5 April, 2019 should be
transferred to the concerned District Court and place it before the
appropriate Bench.
3. The report concludes that as per Section 25A of the Goa, Daman
and Diu Civil Courts Act, 1965, all Appeals in which amount or value of
the subject matter does not exceed ten lakhs rupees and are pending
before the High Court immediately before such commencement, shall
Anand 1 of 2
7. FA 209-2003.doc
stand transferred to the concerned District Court. Hence, it is submitted
that the First Appeal No. 209 of 2003 is required to be transferred to
the District Court. The report further states that the total valuation of
the Assets is Rs.4,36,000/-.
4. The learned Counsel for the Appellant has stated that the plaint
was not ascertainable. He further submits that valuation at the time of
filing of the Suit should not be considered. It has to be considered as of
date. Therefore, First Appeal should not be transferred.
5. Perusing the report made by the Assistant Registrar, First Appeal
Department, and the averments made in plaint, I am of the view that
the value of the First Appeal does not exceed Rs.10,00,000/-. Hence,
request made by learned Counsel for the Appellant stands rejected.
6. In view of the same, the First Appeal stands transferred to the
concerned District Court.
(RAJESH S. PATIL, J.)
Anand 2 of 2
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