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Rangasami Naidu Vs. Virasami Chetti - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1895)ILR18Mad477
AppellantRangasami Naidu
RespondentVirasami Chetti
Cases ReferredGirish Chundra Basu v. Apurba Krishna Dass I.L.R.
Excerpt:
civil procedure code - act xiv of 1882, section 310 a--civil procedure code amendment act--act v of 1894--application of act v of 1894 when proceedings in execution had commenced before its enactment. - 1. in our opinion there is in this case no question of a retrospective effect being given to a new provision of law. when the act v of 1894 came into effect there was no purchaser in existence. the new law was passed before the purchase was made and the purchaser must take subject to its provisions.2. we agree with the opinion expressed by petheeam, c.j., at the end of his judgment in girish chundra basu v. apurba krishna dass i.l.r. 21 cal. 940.3. we must reverse the order of the judge and remand the matter for disposal.4. the respondent must pay the appellant's costs.
Judgment:

1. In our opinion there is in this case no question of a retrospective effect being given to a new provision of law. When the Act V of 1894 came into effect there was no purchaser in existence. The new law was passed before the purchase was made and the purchaser must take subject to its provisions.

2. We agree with the opinion expressed by Petheeam, C.J., at the end of his judgment in Girish Chundra Basu v. Apurba Krishna Dass I.L.R. 21 Cal. 940.

3. We must reverse the order of the Judge and remand the matter for disposal.

4. The respondent must pay the appellant's costs.


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