Madras High Court
Sri Raja Row Venkatakumara Mahipati ... vs Rajah Row Chellayyamma Garu, Widow Of ... on 30 April, 1891
Equivalent citations: (1896)6MLJ624
JUDGMENT
1. We are of opinion that Section 4, 01. (b), Act VII of' 1889 does not apply to applications to execute decrees which were pending at the date of the passing of the Act, but refers to applications made after the Act came into force.
2. Under Section 6 of the General Clauses Act prima facie, the Ac cannot affect pending proceedings. If the legislature intended to give retrospective effect to the section, the language would have clearly indicated it.
3. The same view has been taken by the Bombay High Court in Balubhai Dayabhai v. Nasar Bai Abdul Habib Fazly. We dismiss the appeal with costs.