FAO-2285-1994 (O&M) -1- 137 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-2285-1994 (O&M) Date of Decision:17.09.2025 UNION OF INDIA AND ANOTHER ....Appellants(s) Versus M/S. PARKASH BROTHERS AND ANOTHER .....Respondent(s) CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr. S.K. Sharma, Senior Panel Counsel, for the appellants. **** JASGURPREET SINGH PURI , J. (Oral) 1. Learned counsel appearing on behalf of the appellants submitted that the present appeal has been filed under Section 39 of the Arbitration Act, 1940 against the order passed by the learned Senior Sub Judge, Bathinda. He submitted that after the amendment to Section 39 of the Punjab Courts Act, 1918, the appeal would lie to the District Court irrespective of the value of the original suit. In this regard, he referred to an order passed by a Co-ordinate Bench of this Court in M/s Inderjit Mehta versus Chief Engineer and others, FAO No.2343 of 2004, decided on 22.05.2023. The same is reproduced as under:-. “1. This appeal under Section 39 of the Arbitration Act, 1940 is filed against the judgment of Civil Judge (Senior Division), Bathinda. 2. Section 39 of the Punjab Courts Act, 1918 (for short, 'the Act') was substituted by Punjab Act No. 29 of 2006. The Section is reproduced below: RAKESH KUMAR 2025.09.19 13:53 I attest to the accuracy and authenticity of this order/judgment FAO-2285-1994 (O&M) -2- “Section 39 [39. Appeals from Civil Judge (Senior Division) and Civil Judge (Junior Division).-(1) Save as aforesaid, an appeal from a decree or order of a Civil Judge (Senior Division) and Civil Judge (Junior Division), shall lie to the District Judge, irrespective of the value of the original suit. (2) Subject to the provisions of sub-section (3), an appeal to the Court or the District Judge shall be heard by the District Judge or by an Additional District Judge. (3) An Additional District Judge shall hear only such appeals, as the High Court may, be general or special order direct, or as the District Judge of the District may entrust to him. (4) All appeals from a decree or order of a Civil Judge (Senior Division) and Civil Judge (Junior Division) pending in the High Court, irrespective of the value of the original suit, shall be transferred to the District Judge exercising ordinary territorial jurisdiction. (5) The High Court may, by notification, direct that appeals lying to the District Judge from all or any of the decrees or orders passed in any original suit by an Civil Judge (Senior Division) or Civil Judge (Junior Division), shall be preferred to such other Civil Judge (Senior Division) and Civil Judge (Junior Division), as may be specified in the notification, and the appeals shall thereupon, be preferred accordingly, and the Court of such other Civil Judge (Senior Division) and Civil Judge (Junior Division) shall be deemed to be a District Court for the purpose of the appeals so preferred.” 3. As per amended Section 39 of the Act, an appeal from a decree or order of a Civil Judge, Senior Division/Junior Division shall lie to the District Judge, irrespective of the RAKESH KUMAR 2025.09.19 13:53 I attest to the accuracy and authenticity of this order/judgment FAO-2285-1994 (O&M) -3- value of the original suit. Section 39(4) of the Act stipulates that appeal from the order or decree of the Civil Judge, Senior Division/Junior Division, pending in the High Court shall be transferred to District Judge having the territorial jurisdiction. 4. In view of Section 39(4) of the Act, this appeal is transferred to District Judge, Bathinda. 5. The appeal stands disposed of.” 2. In view of the above, the present appeal is transferred to the District Judge, Bathinda. 3. The appeal stands disposed of. 17.09.2025 (JASGURPREET SINGH PURI) rakesh JUDGE Whether speaking : Yes/No Whether reportable : Yes/No RAKESH KUMAR 2025.09.19 13:53 I attest to the accuracy and authenticity of this order/judgment