' CHAUDHURY RAHIM DAD KHAN, C. J.-An application under section 20 of the Arbitration Act was moved before the Azad Jammu & Kashmir High Court in which a learned Single Judge, in exercise of original jurisdiction of the High Court, conferred under section 13(2) of the Courts and Laws Code Act, 1949, decided the matter on 28-9-1971. Against that order an intmcourt appeal under section 13(3) of Courts and Laws Code Act, was filed before the High Court which inadvertently had been sent to this Court under an erroneous impression that it was a letters patent appeal under section 13-A of Courts and Laws Code Act, while it was in fact an appeal under section 13, subsection (2) of Courts and Laws Code Act.
2. Azad Jammu & Kashmir Courts and Laws Code Act of 1949 was amended under the provision of section 16 of the Judicial Board Act, which reads :- "16. Amendment of the Azad Jammu & Kashmir Courts and Laws Code, 1949.-(1) Sections 13-A, 13-B and 13-C of the Azad Jammu & Kashmir Courts and Laws Code, 1949 are hereby repealed.
(2) Notwithstanding such repeal, all appeals preferred under section 13-A or 13-B of the Azad Jammu & Kashmir Courts and Laws Code, 1949, and pending in the High Court immediately before the coming into force of this Act, shall stand transferred to the Judicial Board and shall be heard and disposed of by it as if they were appeals preferred under the provisions of this Act.'
' While repealing sections 13-A, 13-B and 13-C of the Courts and Laws Code Act, it was further provided therein that appeals pending before the High Court under the repealed provisions of the Courts and Laws Code Act shall stand transferred to the Judicial Board. Sections 13-A, 13-B and 13- C relate to such appeals that are filed before the High Court in Civil and Criminal matters decided by a Single Judge of that Court in exercise of the appellate jurisdiction but these provisions do not cover such cases which have been decided by a Single Judge of that Court in exercise of the original jurisdiction of the High Court for which the relevant provisions are contained in section 13(2) and (3) of that Act. Neither section 13 was repealed nor any other provision contrary to section 13 of Courts and Laws Code Act was made regarding such appeals that were pending before the Division Bench of that Court against the judgment of a Single Judge passed in exercise of original jurisdiction of the High Court.
' The provisions of section 13 of Courts and Laws Code Act, 1949 still continue in force. The relevant provisions of section 13 read :- "13. Civil jurisdiction of the High Court-(1)
(2) The High Court shall also hear original suits of above the value of Rs, 10,000 such suits shall be heard by a Single Judge.
(3) An appeal shall lie to the High Court from the Judgment or order of one Judge in an original Civil Suit.
(4)
3. Obviously the impugned order made by the High Court in this case is erroneous. The file did not stand transferred under any provision of law , to this Court and the Division Bench of the High Court is still competent ' to hear an appeal against the judgment and decree of a single Judge of that Court passed in exercise of original jurisdiction of the High Court, in spite, of the repeal of sections 13-A, 13-B and 13-C. "Actus legis (curia-) neminem B gravabit ; (the order of the Court would prejudice no man.)" Hence the file is returned to the High Court for its disposal in accordance with the law.