Section 158 of CPC : Section 158: Reference to Code of Civil Procedure and other repealed enactments.

Explanation using Example

Example 1:

Scenario: A property dispute case was filed in 1905 under the Code of Civil Procedure, 1859 (Act VIII of 1859). The case is still pending in 1909, after the Code of Civil Procedure, 1908 has come into effect.

Application: The court will now refer to the relevant sections of the Code of Civil Procedure, 1908 instead of the Code of Civil Procedure, 1859. For instance, if the original case referred to Section 10 of the 1859 Code, the court will now look at the corresponding section in the 1908 Code.

Explanation: This ensures that the legal proceedings are updated to reflect the current law, even if the case was initiated under an older law.

Example 2:

Scenario: A notification issued in 1906 under the Code of Civil Procedure, 1882 (an amendment to the 1859 Code) mandates a specific procedure for serving summons to defendants in civil cases.

Application: After the Code of Civil Procedure, 1908 comes into effect, any reference to the 1882 Code in the notification will be interpreted as a reference to the corresponding provisions in the 1908 Code. For example, if the notification referred to Section 20 of the 1882 Code, the corresponding section in the 1908 Code will be used.

Explanation: This ensures continuity and consistency in legal procedures, even when the underlying legal framework has been updated or replaced.