1982 Supreme(MP) 62

H. G. Mishra, J,
Bhawarlal Jain v. Bherulal
C. Revn. No. 846 of 1979 (I); Decided on 22-1-1982.

Headnote:(1) Civil P.C. (Amendment) Act, 1976 - Ss. 97 and 92 - amendment made in R. 2, O 58 - is not retrospective.

       (2) Civil P. C, 1908 - O. 21, R 63 - cause of action arose before the amendment - civil suit is not barred,

       The house was attached on 10-8-1971. The objections were dismissed and a civil suit was filed.

       Held: The right to file a suit is a vested right which cannot be affected by subsequent legislation unless by express provision or necessary intendment that right is taken away. Section 97 of Act 104 of 1976 makes it clear that as far as the vested rights pertaining to attachments are concerned and which came into existence prior to Feb., 1, 1977, the old law would hold the field.

       Where a claim petition was made before the Amending Act 104 of 1976, and was dismissed after the Act came into force, the remedy of the petitioner is only to file suit under O. 21, R. 63 and not to file an appeal by resort to the new amended R. 58 of O. 21 AIR 1979 Delhi 40 relied on. 1973 JLJ 730 & 1980 JLJ 338 & 1961 JLJ 171 referred to. [Para 7