KAMLA DEVI versus KHUSHAL KANWAR AND ANR.

KAMLA DEVI versus KHUSHAL KANWAR AND ANR.

Letters Patent Appeals filed prior to coming into force of Section 100-A, as amended by Act 22 of 2002, are maintainable and Section 100-A does not have retrospective effect to bar such appeals.

Parties
Appellant: Kamladevi; Respondent: Khushal Kanwar; Respondent: Respondent No. 2
Jurisdiction
India
Judgment Date
15 December 2006
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Division Bench Judgment of Rajasthan High Court
Outcome
Appeal dismissed
Legal Topics
Appeals, Letters Patent Appeal, Retrospective Operation of Statutes
Civil Procedure Appeals Letters Patent Appeal Retrospective Operation of Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

Kamladevi

Appellant

Khushal Kanwar

Respondent

Respondent No. 2

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Division Bench Judgment of Rajasthan High Court

Legal Issues

  1. 1 Whether Section 100-A of the Code of Civil Procedure, 1908, as amended by Act No. 22 of 2002, bars maintainability of Letters Patent Appeals filed before its coming into force and whether it applies retrospectively

Ratio Decidendi

Letters Patent Appeals filed prior to coming into force of Section 100-A, as amended by Act 22 of 2002, are maintainable and Section 100-A does not have retrospective effect to bar such appeals.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • No costs.