Law: Civil Procedure Code (V of 1908)

Section: 115 , 10 , 6

Law: General Clauses Act (X of 1897)

Section:

Law: Constitution of Pakistan 1973

Section:

  Interpretation of statutes--- -Statute must be read as a whole by giving to its words and parts an ordinary, natural and recognized meanings to obviate repugnancy or inconsistency. Civil Procedure Code (V of 1908) ----S. 115 [as amended by Civil Laws (Reforms) Ordinance (XXXIII of 1993), S.10)---Amendment introduced in S. 115, C.P.C. by means of S.10, Civil Laws (Reforms) Ordinance, 1993, on 13th October, 1993, would not operate retrospectively---Pending matters would be disposed of in accordance with the provisions of Civil Procedure Code, 1908, applicable at the time when proceedings were instituted. 1982 SCMR 965 and PLD 1985 SC 376 rel. Adnan Afzal's case PLD 1969 SC 187; AIR 1931 All. 635; Nani Gopal Mitra v. State of Bihar AIR 1970 SC 1636; PLD 1975 SC 1; Mrs. Perveen v. K.H'Muhammad Asghar PLD 1975 Lah. 334; PLD 1985 SC 376; Ch. Safdar Ali v. Malik Akram Elahi and others 1969 SCMR 166; In re: A Debtor 1936 Ch. 237 and In re: Vernazza 1960 AC 965 ref. General Clauses Act (X of 1897)--- ----S. 6  Repeal of statute would not inter alia affect a privilege, therefore, in such an event, in absence of legislative intent to give retrospective effect to repealing law, pending proceedings would be governed under the. law, prevailing at the time when action commenced. Constitution of Pakistan (1973)-- ----Art. 199----Constitutional jurisdiction, exercise of---In absence of convincing material, factual controversy in exercise of Constitutional jurisdiction, could not be settled. Aslam Chishti and Naeem Akhtar for Petitioner. Salahuddin Mengal, Asstt. A.-G. for Respondent No.l. Shakeel Ahmed for Respondent No.2. K.N. Kohli for Respondents Nos. 3 to 6 Date of hearing: 9th May, 1994. JUDGMENT IFTIKHAR MUHAMMAD CH., J.---By this common judgment, we have proposed to dispose of C.Ps. Nos. 535 and 536 of 1993, as identical question of law, i.e.: "Whether amendment introduced in section 115, C.P.C. by means of section 10 of the Civil Laws (Reforms) Ordinance, 1993 (Ordinance XXXIII) enacted on 13th October, 1993 will operate retrospectively or otherwise? is involved in these Constitutional petitions. Since a legal question requires determination,…