NARAYANA RAO PAWAR Vs. ARASOJI RAOS CHARITIES

JUDGEMENT

(1.) ARISES FOR CONSIDERATION IN THIS CASE IS WHETHER THE REPEALING OF THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1976 (ACT NO. 104 OFF 1976) (HEREIN AFTER REFERRED TO AS THE AMENDMENT ACT) BY THE REPEALING ACT HAS THE EFFECT OF NULLIFYING THE AMENDMENTS INCORPO RATED IN THE CODE OF CIVIL PROCEDURE, 1908 (HEREINAFTER REFERRED TO AS THE PARENT ACT).

(2.) BY THE AMENDMENT ACT, CERTAINSUB-SECTIONS AND WORDS WERE INSERTED OR SUBSTITUTED AND SOME PROVISIONS WERE OMITTED IN THE PARENT ACT. THESE INSERTIONS, SUBSTITUTIONS AND OMISSIONS, AFTER INCORPORATION, THUS BECAME PART OF THE PARENT ACT. THEREAFTER, THE ACT HAS TO BE READ AS AMEND ED ACCORDINGLY. IT IS PRECISELY FOR THIS REASON THE REPEALING ACT WAS PASSED WITH THE SAVINGS AS PROVIDED IN SEC TION 4 THEREOF WHICH READS AS UNDER:

(3.) CIVIL REVISION PETITION ISREJECTED. PETITION REJECTED.