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1995 (5) TMI 245 - SUPREME COURTWhether Rule 5 inserted in Order XV C.P.C. by the U.P. Civil Laws (Amendment) Act, 1972 and substituted by new Rule 5 of the U.P. Civil Laws (Reforms and Amendment) act, 1976 is consistent with the provisions of the Principal Act as amended by the Central Civil Procedure Code (Amendment) Act, 1976 and stands repealed? Whether Section 97(1) and (3) and of the Central Civil Procedure Code (Amendment) Act, 1976 are retrospective and the orders passed before 1.2.1977 striking off the defence for non- compliance of Rule 5 are to be set aside? Held that:- Appeal dismissed. Sec 97(3) itself has affected the vested right and given retrospective operation to the pending proceedings, apart from applicability of the law from that date. Order 5 Rule 15 is still a valid law, retrospectively operates and applies to the pending proceedings instituted prior to the State Act 57/76 and the Central Act have come into force.
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