Part 1 of 2 of CPC : Part 1 of 2

Explanation using Example

Example 1:

Scenario: A state legislature had amended the Code of Civil Procedure (CPC) in 2005 to include a specific provision regarding the filing of appeals. However, in 2006, the central government amended the CPC through the Code of Civil Procedure (Amendment) Act, 2006.

Application: According to Section 97(1) of the Code of Civil Procedure (Amendment) Act, 1976, the state amendment made in 2005 will stand repealed if it is inconsistent with the central amendment made in 2006. For instance, if the state amendment allowed appeals to be filed within 90 days, but the central amendment reduced this period to 60 days, the state amendment would be repealed to the extent of this inconsistency.

Example 2:

Scenario: A civil suit was filed in a district court in 2004, and the court passed a decree in 2005. The plaintiff appealed the decree in 2006, just before the Code of Civil Procedure (Amendment) Act, 2006 came into force.

Application: According to Section 97(2)(a) of the Code of Civil Procedure (Amendment) Act, 1976, the amendment made to clause (2) of section 2 of the principal Act by section 3 of the Amendment Act shall not affect any appeal against the determination of any such question as is referred to in section 47. Therefore, the appeal filed in 2006 will be dealt with as if the amendment had not come into force, meaning the old provisions ...

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