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Judgment
6 paragraphs · 106 words
1.
We are of opinion that Section 4, 01. (b), Act VII of'' 1889 does not apply to applications to execute decrees which were pending at the date
of the passing of the Act, but refers to applications made after the Act came into force.
2.
u/s 6 of the General Clauses Act prima facie, the Ac cannot affect pending proceedings. If the legislature intended to give retrospective effect to
the section, the language would have clearly indicated it.
3.
The same view has been taken by the Bombay High Court in Balubhai Dayabhai v. Nasar Bai Abdul Habib Fazly. We dismiss the appeal with
costs.