AIR 1986 SUPREME COURT 589 ::1986 ALL. L. J. 271 ::1986 SCFBRC 323 ::1986 UJ (SC) 287 ::(1986) 2 All RentCas 80 ::1986 (1) SCC 615 ::(1986) 99 Mad LW 481 ::1986 (12) All LR 165 ::(1986) All WC 181 ::1986 BBCJ 35 ::(1990) 2 Mad LJ 22 ::(1986) 1 SCJ 152

Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): E. S. Venkataramiah, R. B. Misra , JJ

Civil P.C. (5 of 1908) , S.97— Civil P.C. (5 of 1908) , O.21 R.72, O.21 R.72A— R. 72 (as stood in U.P. before 1976) does not remain in force in view of addition of R. 72A in O. 21 by Amendment Act retaining sub rules (2) and (3) of R. 72 and overriding effect given to amended provisions by S. 97 of the C.P.C. (Amendment) Act (1976) after the said Act came into force - Fact that no amendment was made to R. 72 by the Amendment Act is irrelevant. C.M.W.P. No. 2754 of 1981 D/- 9-4-1985 (All) Reversed.Interpretation of Statutes - Repeal and Saving. The effect of S. 97(1) of Civil P.C. (Amendment) Act (104 of 1976) is that all local amendments made to any of the provisions of the Code either by a State Legislature or by a High Court which were inconsistent with the Code as amended by the Amending Act stood repealed irrespective of the fact whether the corresponding provision in the Code has been amended or modified by the Amending Act and that was subject only to what was found in sub-sec (2) of S. 97. Therefore, even though R. 72 has not been amended, as R. 72A has been added in O. 21 retaining sub-rules (2) and (3) of R. 72 by the amendment Act, it cannot be said that because no amendment had been made to R. 72 of O. 21 of Civil P.C. by the Amending Act, S. 97(1) had no effect on the Rule as it was in force in the State of Uttar Pradesh before the....