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Judgment
P.Somarajan, J
It was brought to the notice of this Court that the suit in question was instituted even prior to the commencement of Act 43 of 1995 and that there is
no provision in the Act to deal with any pending suit. The Act has no retrospective effect. Hence, it was submitted that the direction to return the
plaint for consideration by the Wakf Tribunal constituted under the Act cannot be sustained. Inter alia, it was fairly conceded that the said question
was not taken up or brought to the notice of this Court at the time of disposal of the appeal. But, it is a matter pertaining to jurisdiction of the Court and
the Wakf Tribunal and hence the omission, if any, may not have much significance and it would not justify the failure on the part of this court. Hence,
there is a material omission and the same would constitute sufficient reason to review the earlier judgment. The earlier judgment is reviewed and
reason. Post the appeal for final  recalled for the said hearing as per roster.