What will be effect of change Of Law during pendency of appeal?

The learned Judges relied on the principle that an appeal was a continuation of the suit and that the appeal would be governed by the newly enacted clause (a) of sub-s. (1) of s.5 even though the trial court decree had been passed earlier.

That a change in the law during the pendency of an appeal has to be taken into account and will govern the rights of the parties was laid down by this Court in Ram Sarup v. Munshi and others etc.(2), which was followed by this Court in Mula and others v. Godhu and others.(3) We may point out that in Dayawati and Another v. Inderjit and others(") this Court observed:-

"If the new law speaks in language, which expressly or by clear intendment, takes in even pending matters, the Court of trial as well as the Court of appeal must have regard to an intention so expressed, and the Court of appeal may give effect to such a law even after the judgment of the Court of first instance. "

Reference may also be made to the decision of this Court in Amarjit Kaur v. Pritam Singh and others(') where effect was given to a change in the law during the pendency of an appeal, relying on the proposition formulated as long ago as Kristnama Chariar v. G

(1) [1964] 6 S.C.R. 876,

(2) [1963] 3 S.C.R. 858.

(3) [1970] 2 S.C.R. 129.

(4) [1966] 3 S.C.R. 275

(5) [1975] I S.C.R. 605.

208

Managammal(1) by Bhashyam Iyengar J., that the hearing of an appeal A was, under the processual law of this country, in the nature of a rehearing of the suit. In Amarjit Kaur (supra) this Court referred also to Lachmeshwar Prasad Shukul v. Keshwar Lal Chaudhuri(2) in which the Federal Court had laid down that once a decree passed by a court had been appealed against the matter became sub judice again and thereafter the appellate court acquired seisin of the whole case, except that for certain purposes, for example, execution, the decree was regarded as final and the court below retained jurisdiction.

Supreme Court of India

Lakshminarayan Guin & Ors vs Niranjan Modak on 3 December, 1984

Citations: 1985 AIR 111, 1985 SCR (2) 202

BENCH:
PATHAK, R.S.
REDDY, O. CHINNAPPA (J)

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