Section 43 in The Bhopal And Vindhya Pradesh (Courts), Act, 1950
43. Existing rights not affected.
(1)The abolition of any existing Civil Court under section 42 shall not prejudicially affect. the continued operation of any notice served, injunction issued, direction made or proceeding taken before the commencement of this Act by such Civil Court under the powers then conferred upon it.(2)Every appeal, suit or other proceeding pending before any of the existing Civil Courts immediately before the commencement of this Act shall, on such commencement, stand transferred to the Court exercising the jurisdiction under this Act which corresponds, so far as may be, to the jurisdiction of the Court in which the proceeding was pending, and the Court to which the proceeding so stands transferred shall proceed to try, hear and determine the matter as if it had been pending in that Court.(3)Every decree or order made or sentence passed by any of the existing Civil Courts shall be deemed for the purposes of execution to have been made or passed by the corresponding Court established under this Act.Explanation.- In this sub- section, the expression" corresponding Court" means the Court in which the case or proceeding in which the decree or order was made or sentence was passed would have lain, if the case or proceeding had been instituted after the commencement of this Act.(4)Where any existing Civil Court has by reason of its abolition under section 42 ceased to have jurisdiction with respect to any suit or proceeding, any proceeding in relation to that suit or proceeding which if that Court had not ceased to have jurisdiction might have been had therein may be had in the Court to which the business of the former Court has been transferred under this section.
