JUDGMENT

VENKATARAMIAH, J.:— We are principally concerned in this case with the effect of S. 97 of the Civil P.C. (Amendment) Act, 1976 (104 of 1976) (hereinafter referred to as the Amending Act) on any amendment made or any provision inserted in the Civil P.C. 1908 (hereinafter referred to as the Code) by a State Legislature or a High Court prior to the commencement of the Amending Act, i.e., prior to Feb. 1, 1977 in the different local areas in India where the Code is in force if they be inconsistent with the provisions of the Code as amended by the Amending Act.

S. 97(1) of the Amending Act reads thus :-

"any amendment made, or any provision inserted in the principal Act by a State Legislature or a High Court before the commencement of this Act shall, except in so far as such amendment or provision is consistent with the provisions of the principal Act as amended by this Act, stand repealed."

2. The above provision is however subject to sub-sec. (2) of S. 97 of the Amending Act which provides that notwithstanding that the provisions of the Amending Act have come into force or the repeal under sub-sec. (1) of S. 97 of the Amending Act has taken effect, and without prejudice to the