VISHWANATH MAHADEV ADHIKARI Vs. KRISHNAJI RAMACHANDRA BODAS

JUDGEMENT

(1.) A very short point arises for determination in these civil revision applications. Certain applications were filed for adjustment of debts under the Bombay Agricultural Debtors Relief Act (Bom. XXVIII of 1939), and from the decisions of these applications appeals were preferred as contemplated by that Act. While the appeals were pending, Act XXVIII of 1939 was repealed and Act XXVIII of 1947 was enacted, and the question that we have to consider and decide is whether the appeals should be disposed of according to the provisions of law contained in Act XXVIII of 1947 or according to the provisions of law as contained in Act XXVIII of 1939.

(2.) NOW, the material provision which helps us to decide this question as contained in Act XXVIII of 1947 is Section 56 and in that section there are three provisos to which a reference might be made. The first proviso is: Provided that all proceedings pending before any such Board shall be continued before the Court as if an application under Section 4 of this Act had been made to the Court.

(3.) WE would, therefore, set aside the order of the lower Court and send these appeals back to the District Court with instructions that they should be disposed of in accordance with the law contained in Act XXVIII of 1947. No order as to costs here. Costs before the District Court costs in the appeal. .