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State of Karnataka - Section

Section 29 in The Karnataka Civil Courts Act, 1964

29. Repeal and savings.—

(1)On and from the appointed day the enactments specified in the Schedule to this Act shall stand repealed:Provided that such repeal shall not affect the previous operation of the enactments so repealed and anything done or any action taken (including the districts formed, limits defined, Courts established or constituted, appointments, rules or orders made, functions assigned, powers granted, seals or forms prescribed, jurisdictions defined or vested and notifications or notices issued by or under the provisions thereof) shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force unless and until superseded by anything done or any action taken under this Act.
(1A)Notwithstanding anything in sub-section (1) or in any other law, any reference in any law or instrument to a Civil Court shall be deemed to be a reference to the corresponding Civil Court deemed to be established under this Act as specified in section 12 or to such Civil Court established under this Act, as the case may be.
(2)Notwithstanding anything in sub-section (1) or any other provision of this Act or in any enactment repealed by sub-section (1) or in any other law or provision having the force of law,—
(a)all suits and proceedings (other than appeals and proceedings connected therewith) pending before any Court which under this Act have to be instituted or commenced in another Court, shall, on the appointed day, stand transferred to such other Court, and shall be continued and disposed of by such other Court in accordance with law as if such suits and proceedings had been instituted or commenced in such other Court;
(b)in respect of suits and proceedings referred to in clause (a),—
(i)of which the amount or value of the subject matter does not exceed ten thousand rupees, no appeal shall lie to the District Court but shall lie to the Civil Judge;
(ii)of which the amount or value of the subject matter exceeds ten thousand rupees but is less than twenty thousand rupees, no appeal shall lie to the High Court but shall lie to the District Court;
(c)appeals and proceedings connected therewith, pending before the High Court which under this Act have to be preferred to a Court of Civil Judge or District Court, shall, save in the cases specified in clause (d), on the appointed day, stand transferred to the Court of the Civil Judge or the District Court, as the case may be, and shall be disposed of by such Court in accordance with law as if such appeals or proceedings had been preferred to such Court of the Civil Judge or the District Court;
(d)appeals and proceedings connected therewith pending before the High Court from the decrees and orders passed by a Subordinate Judge or a Civil Judge in the Mysore Area, or a Subordinate Judge in the Gulbarga Area and Mangalore and Kollegal Area, in original suits and proceedings of a civil nature of which the amount or value of the subject matter is less than twenty thousand rupees, shall stand transferred to the District Court and shall be disposed of by such Court in accordance with law as if such appeals or proceedings had been preferred to such Court;
(e)appeals and proceedings connected therewith pending before a District Court from the decrees or orders passed by a Munsiff in the Gulbarga Area and the Coorg District or a District Munsiff in the Mangalore and Kollegal Area shall, on the appointed day, stand transferred to the Court of the Civil Judge and shall be disposed of by such court in accordance with law as if such appeals or proceedings had been preferred to such Court;
(ee)appeals and proceedings connected therewith pending before a District Court from the decrees and orders passed by a Civil Judge (Junior Division), other than a Joint Civil Judge (Junior Division) appointed or deputed to assist in the Court of a Civil Judge (Senior Division) under section 23 of the Bombay Civil Courts Act, 1869, shall, on the date of commencement of the Karnataka Civil Courts (Amendment) Act, 1965, stand transferred to the Court of the Civil Judge , and shall be disposed of by such Court in accordance with law as if such appeals or proceedings had been preferred to such Court;
(f)in respect of all suits or proceedings disposed of before the appointed day by,—
(i)a Munsiff in the Mysore Area, Gulbarga Area and Coorg District,
(ii)a District Munsif in the Mangalore and Kollegal Area; and
(iii)a Civil Judge (Junior Division) in the Belgaum Area,
no appeal shall lie to the District Court but an appeal shall lie to the Court of the Civil Judge under this Act;
(g)in respect of all suits or proceedings disposed of before the appointed day, by a Subordinate Judge in the Mysore Area, no appeal shall lie to the District Court but an appeal shall lie to the Court of the Civil Judge;
(h)in respect of all suits or proceedings disposed of before the appointed day of which the amount or value of the subject matter does not exceed ten thousand rupees by a Subordinate Judge in the Gulbarga Area or the Mangalore and Kollegal Area, no appeal shall lie to the Court of the Civil Judge but an appeal shall lie to the District Court;
(i)in respect of all suits or proceedings disposed of before the appointed day of which the amount or value exceeds ten thousand rupees but is less than twenty thousand rupees,-
(i)by any Court other than a District Court, no appeal shall lie to the High Court, but an appeal shall lie to the District Court; and
(ii)by a District Court, an appeal shall lie to the High Court;
(j)if in respect of any suit or proceedings disposed of before the appointed day, an appeal lies to the District Court instead of an appeal to the High Court, the period of limitation for preferring the appeal to the District Court shall be the same as for preferring the appeal to the High Court.
(3)If there be any doubt as to which Court any suit, appeal or proceeding shall stand transferred or as to which Court any appeal shall be preferred in accordance with the provisions of sub-section (2) the Court designated by the High Court shall be the Court to which such suit, appeal or proceeding shall be transferred or such appeal shall be preferred, and the decision of the High Court shall be final.