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State of Gujarat - Section

Section 23 in The Ahmedabad City Courts Act, 1961

23. Special provisions for transfer or continuance of pending proceedings on inclusion of area.

(1)All suits and proceedings (other than appeals or revision applications) cognizable by the City Court which may be pending immediately before the specified date or as the case may be, the date of inclusion in the City of Ahmedabad, of any area by a notification under the proviso to clause (2) of Section 2 (hereinafter in this section referred to as "the date of inclusion") in a District Court or the Court of a Civil Judge shall stand transferred to the City' Court.
(2)All suits and proceedings cognizable by the Small Causes Court which may be pending immediately before the specified date or, as the case may' be, the date of inclusion, in the Court of a Civil Judge shall stand transferred to the Small Cause Court.
(3)An appeal or revision application against any judgement, decision, decree or order passed before the specified date or as the case may be, the date of inclusion by a Civil Court in the exercise of jurisdiction over any area within the limits of the City of Ahmedabad as defined in clause (2) of Section 2 as amended by the Amending Act shall-
(i)if it was pending immediately before the specified date or, as the case may be, the date of inclusion in any District Court or Court of any Civil Judge other than the City Court, stand transferred to the City Court, and
(ii)if before the specified date or, as the case may be, the date of inclusion it has not been preferred within the period of limitation to a competent Court, lie within that period to the City Court.
(4)A proceeding, appeal or revision application transferred to any Court under the foregoing provisions of this section shall be disposed of by such Court, as if it were the Court from which such proceeding, appeal or revision application was so transferred.