ANNEXURE
THE CODE OF CIVIL PROCEDURE
(AMENDMENT) ACT, 1976
(104 OF 1976)
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CHAPTER V
REPEAL AND SAVINGS
97. Repeal and savings.—(1)
Any amendment made, or any provision inserted in the principal Act by a State
Legislature or a High Court before the commencement of this Act shall, except
in so far as such amendment or provision is consistent with the provisions of
the principal Act as amended by this Act, stand repealed.
(2) Notwithstanding that the
provisions of this Act have come into force or the repeal under sub-section (1)
has taken effect, and without prejudice to the generality of the provisions of
section 6 of the General Clauses Act, 1897 (10 of 1897),—
(a) the amendment made to
clause (2) of section 2 of the principal Act by section 3 of this Act shall not
affect any appeal against the determination of any such question as is referred
to in section 47 and every such appeal shall be dealt with as if the said
section 3 had not come into force;
(b) the provisions of
section 20 of the principal Act, as amended by section 7 of this Act, shall not
apply to or affect any suit pending immediately before the commencement of the
said section 7; and every such suit shall be tried as if the said section 7 had
not come into force;
(c) the provisions of
section 21 of the principal Act, as amended by section 8 of this Act, shall not
apply to or affect any suit pending immediately before the commencement of the
said section 8; and every such suit shall be tried as if the said section 8 had
not come into force;
(d) the provisions of
section 25 of the principal Act, as substituted by section 11 of this Act,
shall not apply to or affect any suit, appeal or other proceeding wherein any
report has been made under the provisions of section 25 before the commencement
of the said section 11; and every such suit, appeal or other proceeding shall
be dealt with as if the said section 11 had not come into force;
(e) the provisions of
section 34 of the principal Act, as amended by section 13 of this Act, shall
not affect the rate at which interest may be allowed on a decree in any suit
instituted before the commencement of the said section 13 and interest on a
decree passed in such suit shall be ordered in accordance with the provisions
of section 34 as they stood before the commencement of the said section 13 as
if the said section 13 had not come into force;
(f) the provisions of
section 35A of the principal Act, as amended by section 14 of this Act, shall not
apply to or affect any proceedings for revision, pending immediately before the
commencement of the said section 14 and every such proceedings shall be dealt
with and disposed of as if the said section 14 had not come into force;
(g) the provisions of
section 60 of the principal Act, as amended by section 23 of this Act, shall not
apply to any attachment made before the commencement of the said section 23;
(h) the amendment of section
80 of the principal Act by section 27 of this Act shall not apply to or affect
any suit instituted before the commencement of the said section 27; and every
such suit shall be dealt with as if section 80 had not been amended by the said
section 27;
(i) the provisions of
section 82 of the principal Act, as amended by section 28 of this Act, shall
not apply to or affect any decree passed against the Union of India or a State
or, as the case may be, a public officer, before the commencement of the said
section 28 or to the execution of any such decree; and every such decree or
execution shall be dealt with as if the said section 28 had not come into
force;
(j) the provisions of
section 91 of the principal Act, as amended by section, 30 of this Act, shall not
apply to or affect any suit, appeal or proceeding instituted or filed before
the commencement of the said section 30; and every such suit, appeal or
proceeding shall be disposed of as if the said section 30 had not come into
force;
(k) the provisions of
section 92 of the principal Act, as amended by section 31 of this Act, shall not
apply to or affect any suit, appeal or proceeding instituted or filed before
the commencement of the said section 31; and every such suit, appeal or
proceeding shall be disposed of as if the said section 31 had not come into
force;
(l) the provisions of
section 96 of the principal Act, as amended by section 33 of this Act, shall
not apply to or affect any appeal against the decree passed in any suit
instituted before the commencement of the said section 33; and every such
appeal shall be dealt with as if the said section 33 had not come into force;
(m) the provisions of
section 100 of the principal Act, as substituted by section 37 of this Act, shall
not apply to or affect any appeal from an appellate decree or order which had
been admitted, before the commencement of the said section 37, after hearing
under rule 11 of Order XLI; and every such admitted appeal shall be dealt with
as if the said section 37 had not come into force;
(n) section 100A, as
inserted in the principal Act, by section 38 of this Act, shall not apply to or
affect any appeal against the decision of a single Judge of a High Court under
any Letter Patent which had been admitted before the commencement of the said
section 38; and every such admitted appeal shall be disposed of as if the said
section 38 had not come into force;
(o) the amendment of section
115 of the principal Act, by section 43 of this Act, shall not apply to or
affect any proceeding for revision which had been admitted, after preliminary
hearing, before the commencement of the said section 43; and every such
proceeding for revision shall be disposed of as if the said section 43 had not
come into force;
(p) the provisions of
section 141 of the principal Act, as amended by section 47 of this Act, shall not
apply to or affect any proceedings which is pending immediately before the
commencement of the said section 47; and every such proceeding shall be dealt
with as if the said section 47 had not come into force;
(q) the provisions of rules
31, 32, 48A, 57 to 59, 90 and 97 to 103 of Order XXI of the First Schedule as
amended or, as the case may be, substituted or inserted by section 72 of this
Act shall not apply to or affect —
(i) any attachment
subsisting immediately before the commencement of the said section 72, or
(ii) any suit instituted before
such commencement under rule 63 aforesaid to establish right to attached
property or under rule 103 aforesaid to establish possession, or
(iii) any proceeding to set
aside the sale of any immovable property, and every such attachment, suit or
proceeding shall be continued as if the said section 72 had not come into
force;
(r) the provisions of rule 4
of Order XXII of the First Schedule, as substituted by section 73 of this Act
shall not apply to any order of abatement made before the commencement of the
said section 73;
(s) the amendment, as well
as substitution, made in Order XXIII of the First Schedule by section 74 of
this Act shall not apply to any suit or proceeding pending before the
commencement of the said section 74;
(t) the provisions of rules 5A
and 5B of Order XXVII, as inserted by section 76 of this Act, shall not apply
to any suit, pending immediately before the commencement of the said section 76
against the Government or any public officer; and every such suit shall be
dealt with as if the said section 76 had not come into force;
(u) the provisions of rules
1A, 2A, and 3 of Order XXVII A, as inserted or substituted, as the case may be,
by section 77 of this Act shall not apply to or affect any suit which is
pending before the commencement of the said section 77;
(v) rules 2A, 3A and 15 of
Order XXXII of the First Schedule, as amended, or as the case may be,
substituted by section 79 of this Act, shall not apply to a suit pending at the
commencement of the said section 79 and every such suit shall be dealt with and
disposed of as if the said section 79 had not come into force;
(w) the provisions of Order
XXXIII of the First Schedule, as amended by section 81 of this Act, shall not
apply to or affect any suit or proceeding pending before the commencement of
the said section 81 for permission to sue as a pauper; and every such suit or
proceeding shall be dealt with and disposed of as if the said section 81 had
not come into force;
(x) the provisions of Order
XXXVII of the First Schedule, as amended by section 84 of this Act, shall not apply
to any suit pending before the commencement of the said section 84: and every
such suit shall be dealt with and disposed of as if the said section 84 had not
come into force;
(y) the provisions of Order
XXXIX of the First Schedule, as amended by section 86 of this Act, shall not apply
to or affect any injunction subsisting immediately before the commencement of
the said section 86; and every such injunction and proceeding for dis-obedience
of such injunction shall be dealt with as if the said section 86 had not come
into force;
(z) the provisions of Order
XLI of the First Schedule, as amended by section 87 of this Act, shall not
apply to or affect any appeal pending immediately before the commencement of
the said section 87; and every such appeal shall be disposed of as if the said
section 87 had not come into force:
(za) the provisions of Order
XLII of the First Schedule, as amended by section 88 of this Act, shall not
apply to or affect any appeal from an appellate decree or order which had been
admitted, before the commencement of the said section 88, after hearing under
rule 11 of Order XLI; and every such admitted appeal shall be dealt with as if
the said section 88 had not come into force;
(zb) the provisions of Order
XLIII of the First Schedule, as amended by section 89 of this Act. shall not
apply to any appeal against any order pending immediately before the
commencement of the said section 89; and every such appeal shall be disposed of
as if the said section 89 had not come into force;
(3) Save as otherwise
provided in sub-section (2), the provision of the principal Act, as amended by
this Act, shall apply to every suit, proceedings, appeal or application,
pending at the commencement of this Act or instituted or filed after such
commencement, notwithstanding the fact that the right, or cause of action, in
pursuance of which such suit, proceeding, appeal or application is instituted
or filed, had been acquired or had accrued before such commencement.
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