Law: N.W.F.P. Courts Regulation (I of 1931)

Section: S. 34

N.-W. F. P. Courts Regulation (I of 1931), S. 34-Revision -Filed before coming into force of West Pakistan Civil Courts Ordinance (II of 1962)-To be heard as "Revision" under Regulation after repeal of Regulation by Ordinance (II of 1962)-West Pakistan Civil Courts Ordinance (II of 1962), S. 28 (S)-West Pakistan General Clauses Act (VI of 1956), S. 4.   Held, that petitions for revision instituted under section 34 of the N.-W. F. P. Courts Regulation, 1931 before West Pakistan Civil Courts Ordinance II of 1962 came into force should be heard according to the provisions of the Regulation.   Per Kayani, C. J.-The general rule is that an enactment operates from the date of its commencement unless it is made retrospective either expressly or by necessary intendment. Sub section (5) of section 28 of the Ordinance saves a "proceeding commenced" under any of the provisions of the repealed enact ments "if not inconsistent with the provisions of this Ordinance .. and such proceeding shall, so far as may be, be deemed to have been . . . . . commenced . . . . . under this Ordinance". Since there is nothing in the Ordinance to indicate that revisions filed under the old laws should be treated as though they bad been filed under the Code of Civil Procedure, there is apparently nothing in it which is inconsistent with the continu ance of the old proceedings, where it was intended that pending proceedings which had, under the old laws, been instituted in the proper Courts should be treated as though they had been Instituted under the new law, an express provision was made as in section 28, subsection (3), by which the pending appeals in the High Court stood automatically transferred to the Court of the District Judge.   The continuance of a pending proceeding would be incon sistent with the provisions of the new Ordinance if there had been something in the language of the Ordinance which. forbade its continuance, whether expressly or impliedly.   It would be proper, however, to exclude section 4 of the West Pakistan General Clauses Act, 1956 because that section applies only where a different intention does not appear in the…