IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No 2717 of 2003 For Approval and Signature: HON'BLE MR.JUSTICE M.C.PATEL ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- STATE OF GUJARAT Versus YONANATHBHAI PAHADSING RAJVADI -------------------------------------------------------------- Appearance: 1. First Appeal No. 2717 of 2003 MR DEEPEN DESAI ASSTT GOVT PLEADER for Petitioner No. 1-2 MR JOY MATHEW for Respondent No. 1 NOTICE SERVED for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE M.C.PATEL Date of decision: 10/03/2004 ORAL JUDGEMENT This appeal by the State Government is directed against the judgment and decree dated 31st July, 2001 passed by the learned Civil Judge [S.D.], Bharuch in Special Civil Suit No.253 / 1998 filed by the respondent for recovery of Rs.50,000/- from the appellant. In the suit, claim was for Rs.50,000/- and the suit was decreed in favour of the respondent. In view of Section 26 of the Bombay Civil Courts Act, as it stood at the date of judgment, the appeal would lie to the High Court only if the amount or value of the subject matter exceeded Rs.50,000/-. Since in the present case, the amount or value of the subject matter did not exceed Rs.50,000/-, the appeal would not lie to this Court but to the District Court. The Memo of Appeal along with all the relevant documents is therefore ordered to be returned to the appellant for presentation in the appropriate Court. Civil Application No.10570 / 2003 does not survive and the same is, accordingly, disposed of. Rule discharged. No order as to costs. Date : 10.3.2004 [ M.C.Patel, J.] #kailash#