Pankajakshi (D) Through Lrs & Ors. Vs. Chandrika & Others
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Head Note
The Code of Civil Procedure, 1908 - Section 98 (2)
Travancore-Cochin High Court Act - Section 23 - Kerala High Court Act - Section 9 - Repeal of Statute - Effect of - Subject matter of the two statutes must essentially be the same and/or that the main object and purpose of the statutes should be substantially similar - Travancore-Cochin High Court Act formed the Charter for jurisdiction to be exercised by the said High Court - This jurisdiction is exercised not only in civil matters but criminal and other matters as well - The main object and purpose of the Travancore- Cochin Act is to lay down the jurisdiction and powers of the High Court that was established in the said State - On the other hand, the subject matter of the Code of Civil Procedure is to lay down procedure in all civil matters, and no others - Also, the said Code would apply to all courts which deal with civil matters, subject to the exceptions contained therein, and not only the High Court - Contention that the Code of Civil Procedure corresponds to the Travancore-Cochin High Court Act repelled.
The Code of Civil Procedure, 1908 - Section 98 (2)
Travancore-Cochin High Court Act - Section 23 - Kerala High Court Act - Section 9 - Repeal of statute - Whether Section 23 of the TravancoreCochin Act remains unaffected by the repealing provisions of Section 9 of the Kerala High Court Act - If so, whether Section 23 is in the nature of a special provision vis-à-vis Section 98(2) of CPC - Held that Section 23 of the Travancore-Cochin High Court Act remains unaffected by the repealing provision of Section 9 of the Kerala High Court Act, and that, being in the nature of special provision vis-à-vis Section 98(2) of the Code of Civil Procedure, would apply to the Kerala High Court.
Topic(s)-Repeal of Statute - Effect of - Law Clarified