RAMESHSINGH Vs. CINTA DEVI

JUDGEMENT

(1.) Special leave granted.

(2.) We have heard learned counsel for the appellant and have perused the relevant provisions of the Old Act as well as the New Act bearing on the question whether or not the appellant was required to make the deposit and we may state that the repealing clause, namely sub-section (4) of Section 217, preserves Section 6 of the General Clauses Act. We may at this stage reproduce Section 217 (4) of the New Act and Section 6 of the General Clauses Act.

(3.) The High Courts of Allahabaad and Madhya Pradesh have, vide AIR 1990 Allahabad 104 :(1990 All LJ 133) and AIR 1990 MP 354, held that in such circumstances the appellant's right to appeal without being required to make the deposit under the first proviso to Section 173 of the New Act remains unaffected. However, the judgment impugned herein takes a different view. Hence there is a controversy which needs to be resolved.