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Judgment
Chandavarkar, J.—The question is whether Section 13(c)of the Dekkhan Agriculturists'' Relief Act must be regarded as repealed in consequence of the repeal of Section 257A of the old CPC (Act XIV of 1882) by the new Code (Act V of 1908). That section of the Dekkhan Agriculturists'' Relief Act incorporates by reference Section 257A of the old Code; and it is argued by Mr. Patvardhan for the appellant that its repeal has the effect of repealing Sections 13, Clause (c), of the Act also. But in the words of Brett L.J. in Clarke v. Bradlaugh (6) "Where a statute is incorporated by reference into a second statute, the repeal of the first by a third does not affect the second." See also Maxwell on Statutes, 3rd Edition, p. 590.
For these reasons the decree must be confirmed with costs.