(1) The abolition of any existing civil court under section 24 shall not prejudicially affect? the continued operation of any notice served, injunction issued, direction made or proceeding taken before the commencement of this Regulation by such civil court under the powers then conferred upon it.
5 of 1908.
36 of 1963.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 669
(2) Every suit, proceeding, case or appeal pending before any of the existing civil courts immediately before the commencement of this Regulation shall, on such commencement, stand transferred to the court exercising, under this Regulation, jurisdiction which corresponds, as far as may be, to the jurisdiction of the court in which the suit, proceeding, case or appeal was pending and the court to which the suit, proceeding, case or appeal is deemed to be transferred, shall proceed to try, hear and determine the matter as if it had been pending with that court.
(3) Any judgment, decree, sentence or order passed or made before the commencement of this Regulation by any existing civil court shall be deemed for the purpose of execution to have been passed by a court constituted under this Regulation which corresponds, as far as may be, to the court which passed or made the judgment, decree, sentence or order, as the case may be,
(4) Any appeal from a judgment, decree, sentence or order passed or made by a court and not appealed against before the commencement of this Regulation shall, after such commencement, lie to the court exercising under this Regulation jurisdiction which corresponds, as far as may be, to the jurisdiction of the court to which such appeal would have lain if this Regulation had not been made and had not come into force.
(5) Where any existing civil court has, by reason of its abolition under section 24, ceased to have jurisdiction with respect to any suit or proceeding, any proceeding in relation to that suit or proceeding which, if that court had not ceased to have jurisdiction, might have been had therein, mav be had in the court to which the business of the former court has been transferred under this section.
(6) Nothing contained in this section shall be construed as extending the period of limitation to which any suit, proceeding, case or appeal may be subject.
26. If any difficulty arises in giving effect to the provisions of this Regulation, the Central Government may, after consultation with the High Court, by order published in the Official Gazette, make such provisions not inconsistent with the purposes of this Regulation, as appear to it to be necessary or expedient for removing the difficulty.
. 27. Any law in force in the Islands or any area thereof corresponding to this Regulation or any part thereof is hereby repeated:
Removal of difficulties.
Repeal and saving.
670 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]
Provided that the repeal by this Regulation of any law aforesaid shall not affect—
(a) the previous operation thereof; or
(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or
(c) any investigation, legal proceeding or remedy in respect of any such penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Regulation had not been made and had not come into force:
Provided further that, subject to the provisions of the preceding proviso, anything done or any action taken (including any appointment or delegation made, notification, instruction or direction issued, or any rule, regulation or form issued or framed) under any law hereby repealed shall be deemed to have been done or taken under the corresponding provisions of this Regulation.
S. RADHAKRISHNAN, President.
R. C. S. SARKAR, Secy, to the Govt. of India.
PRINTED m INDIA BY THE CIENIRAL MANAGER, GOVERNMENT OF INDIA PRESS, MINT© ROAD, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI. ISflfl.