PADMINI PANDA Vs. PRAMILA SAMANTARAY

JUDGEMENT

(1.) In this appeal, Stamp Reporter has pointed out the defects regarding maintainability of the appeal in view of the Odisha Civil Courts (Amendment) Act, 2014 (for short 'the Amending Act, 2014'), which came into force with effect from 5th March 2015. Thus, this appeal was listed for consideration on the question of maintainability in view of the amendment of Section 16 of the Orissa Civil Courts Act, 1984 (for short 'the Act, 1984') by virtue of the Amending Act, 2014 which became effective from 5th March, 2015.

(2.) In order to appreciate the issue involved regarding maintainability of the appeal, it requires a cursory glance of the pre - amended provision of Section 16 of the Orissa Civil Courts Act, 1984 and the amendment, which was brought in Section 16 by virtue of the Amending Act, 2014.

(3.) The substantive law, which creates and defines right, is always prospective in nature unless the legislation by express enactment or necessary intendment makes it retrospective. On the other hand, a procedural law basically provides the procedure to enforce the substantive right created under the law and is retrospective in nature. As held in the case of Anant Gopal Sheorey -v - The State of Bombay, reported in AIR 1958 SC 915, the Hon'ble Supreme Court at paragraph -4 held as follows: