Appeal from
Querist :
Anonymous
(Querist) 13 December 2022
This query is : Resolved
In a civil matter where to approach for filing an appeal against decree of a Munsiff's court. Is it always to the sub court, or to any other court than sub court. When appeal lies from appellate decree of sub court to district court. Can we go always to High court for an appeal from sub court.?
kavksatyanarayana
(Expert) 14 December 2022
In the District Court, you can file an appeal.
P. Venu
(Expert) 14 December 2022
Any suggestion depends upon the law in force in the State.
Advocate Bhartesh goyal
(Expert) 15 December 2022
Appeal against the judgment and decree of Munsif Court lies before District Judge.
Dr J C Vashista
(Expert) 16 December 2022
Well analysed, opined and advised by experts, I endorse.
P. Venu
(Expert) 16 December 2022
In this context, Section 13 of the Kerala Civil Courts Act provides as follows:
13. Appellate jurisdiction of District Court and Subordinate Judge's Court. - (1) Appeals from the decrees and orders of a Munsiff's Court and where the amount or value of the subject matter of the suit does not exceed two lakhs rupee ; from the original decrees and orders of a Subordinate Judge's Court shall, when such appeals are allowed by law, lie to the District Court :
Provided that whenever a Subordinate Judge's Court is established in any district at a place other than the place where the District Court is stationed, appeals from the decrees or orders of the Munsiff's Courts within the local limits of the jurisdiction of such Subordinate Judge's Court may be preferred in such Subordinate Judge's Court:
Provided further that the district court may remove to itself from time to time appeals so preferred and dispose of them itself or may, subject to the orders of the High Court, refer any appeals from the decrees and orders of Munsiff's Courts preferred in the District Court to any Subordinate Judge's Court with in the District.
(2) The provisions of Subsection (1) shall apply to original decrees and orders of a Subordinate Judge's Court passed after the commencement of the Kerala Civil Courts (Amendment) Act, 1959, notwithstanding the fact that the suits in respect of which such decrees and orders have been passed were instituted before such commencement.
P. Venu
(Expert) 16 December 2022
Section 13 ibid has since been amended as follows -
"Amendment of section 13 :-
In sub-section (1) of section 13 of the principal Act, for the words "two lakh rupees", the words "twenty lakh rupees" shall be substituted"
