TMI Blog1978 (8) TMI 225X X X X Extracts X X X X X X X X Extracts X X X X ..... against the appellants and third and fourth respondents in the Comarca Court at Margao alleging that in the partition effected on January 28. 1941 certain items of properties had not been properly valued by the appellants as a result whereof they had suffered a loss, that respondent No. 1 who was a minor then had come to know of such improper valuation (under valuation) only after her marriage and that, therefore, the said partition be amended and they be compensated for the loss suffered by them. Respondents Nos. 3 and 4 filed a written statement supporting the allegations contained in the plaint and further filed a counter claim praying that the said partition be reach inded on the ground that it was null and void due to simulation and collusion. The learned trial Judge by his judgment and order dated March 8, 1968 decreed the suit and the counter-claim. Feeling aggrieved by the said decree the appellants preferred an appeal being first Appeal No. 6 of 1908 to the, judicial Commissioner's Court at Goa on June 6, 1968. 3. Two preliminary contentions were raised on behalf of the respondents (a) that the appeal had not been filed in the proper Court and (b) that it was barre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner's Court. Relying upon the extension of Indian Civil Procedure Code to Goa Daman and Diu with protanto repeal of the Portugues Code and the aforesaid provisions of the Goa, Daman and Diu Civil Courts Act, 1965, the appellants contended that the appeal had been properly lodged in the Judicial Commissioner's Court especially as the Court of Comarca Court at Margao had erased to exist, and as the regards the bar of limitation it was contended that since limitation Act was a procedural statute it applied to pending litigation and since the limitation Act of 1963 had come into force in Goa, Daman and Diu on January 1, 1964 when the suit culminating in the appeal was pending it was the period of limitation provided by that Act which should govern the appeal in question and it was submitted that since the appeal had been filed within a period of 90 days from the date of the judgment and decree as provided by Article 116 of the Limitation Act, 1963, the appeal was well within time. 4. The learned Additional Judicial Commissioner, who heard the matter felt that the question whether the appeal should have been filed in the trial Court under the Portugues Code or Judici ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1965 (Central Act XXX of 1965) read with the provisions of Goa, Daman Diu Civil Court Act, 1965 (Goa Act XVI of 1965) both of which came into force simultaneously on June 15, 1966 and the appeal was required to be filed in the Judicial Commissioner's Court. Under the Central Act XXX of 1965 with effect from June 15, 1966 the provisions of the Indian Civil Procedure Code were extended to the Union Territories of Goa, Daman and Diu and the corresponding provisions of the Portugues were repealed while under the Goa Act XVI of 1965 the instant suit which was pending before the Comarca Court at Margao was continued and decreed by corresponding Court of the Senior Civil Judge, who ultimately decreed it on March 8, 1968. Under the Indian Civil Procedure Code a read with Section 22 of the Goa Act since the property involved in the suit was of the value exceeding ₹ 10,000/- the appeal clearly lay to the Judicial Commissioner's Court. The contention that since the right of appeal had been conferred by Portugues Code, the forum where it could be lodged was also governed by the Portugues Code cannot be accepted. It is no doubt well-settled that the right of appeal is a substant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the forum must be as provided in the repealing Act. We may point, out that such a view of Section 6(e) of the General Clauses Act, 1897 has been taken by the Rajasthan High Court in the case of Purshotam Singh v. Narain Singh and State of Rajasthan AIR 1955 Raj. 203. It is this clear the under the repealing enactment (Act XXX of 1965) read with Goa Enactment (Act XVI of 1965) the appeal lay to the judicial Commissioner's Court and the same was accordingly filed in in the proper Court, 6. However, the other preliminary objection upheld by the learned Additional Judicial Commissioner is more important and the question that really arises for our consideration is what was the law of limitation applicable in the Union Territories of Goa, Daman and Diu to proceedings launched therein prior to and pending at the date of liberation? In other words, whether the period of limitation for the appeal in question was the one prescribed by the Portugues Code or by Article 116 of the Limitation Act, 1963? It was not disputed that if it was the former the appeal was out of time and if it was the latter the appeal was well within time. It is really unnecessary for us to decide this question ..... X X X X Extracts X X X X X X X X Extracts X X X X
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