S.97(2)(a) of the Amending Act saves only the pending appeal against the determination of the objections filed under S.47.

D.S.TEWATIA, J.

1. The determination of the ambit of Sub-Ss. (2)(a) and (3) of S.97 of the Civil P.C. (Amendment) Act, 1976, hereinafter referred to as the Amending Act, is the legal issue of some substance that falls for consideration in this referred revision petition.

2. This revision petition, in the first instance, came up before Goyal, J. who finding himself unable to subscribe to the view enunciated by Sharma, J. in two reported decisions in Darshan Kumar V/s. Raghunandan Sharma, (1978) 80 Pun LR 368 and Surjit Singh V/s. Sardara Singh, (1978) 80 Pun LR 779 and a similar view taken in Orissa High Court decision reported in Nanda Kishore Moharana V/s. Mahabir Prasad Lath, AIR 1978 Orissa 129 and also finding a contrary view being taken in Mohan Dass V/s. Kamala Devi, AIR 1978 Raj 127, referred the matter to the larger Bench and that is how the matter is before us.

3. In order to appreciate the legal point, a reference to certain basic facts at this very stage would be relevant. The petitioner herein preferred objections under S.47 of the Civil P.C. which were dismissed by the executing Court, vide order dated 16-7-1977. Against that order, the objector preferred an appeal to the District Judge who held that, in view of the amendment effected in S.2(2) (a) of the Civil P.C. by S.3 of the Amending Act, the order passed under S.47 of the Civil P.C. ceased to be a decree and, therefore, no appeal was competent. This order came to be assailed in the High Court in the present revision petition.

4. For facility of reference, the relevant provisions of the Civil P.C. as these stood prior to the amendment and after the amendment deserve to be noticed at this stage :

5. Sub-clause (a) of cl.(2) of S.2 of the unamended Civil P.C. was in the following terms :-

"2. In this Act, unless there is anything repugnant in the subject or context - * * * *

(2) decree means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within S.47 or S.144, but shall not include - any adjudication from which an appeal lies as an appeal from an order, or

* * * *"

6. Sub-clause (a) of cl.(2) of S.2 of the amended Civil P.C. is in the following terms :-

"2. In this Act, unless there is anything repugnant in the subject or context - * * * *

2. decree means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within S.144, but shall not include - (a) any adjudication from which an appeal lies as an appeal from an order, or

* * * *"

Further the relevant provisions of S.97 of the Amending Act are as under :-

"97.(1) 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) Notwithstanding that the provisions of this Act have come into force on the repeal under Sub-S. (1) has taken effect, and without prejudice to the generality of the provisions of S.6 of the General Clauses Act, 1897 (10 of 1897) -

(a) the amendment made to cl.(2) of S.2 of the principal Act by S.3 of this shall not affect any appeal against the determination of any such question as is referred to in S.47 and every such appeal shall be dealt with as if the said S.3 had not come into force;

* * * *

(3) Save as otherwise provided in Sub-Sec. (2), the provisions of the principal Act, a