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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

A pre-1908 notification refers to Act VIII of 1859, the earlier Code of Civil Procedure. How is that reference to be read after the commencement of the Code of 1908?

The reference is treated, so far as practicable, as a reference to the Code of Civil Procedure, 1908 or its corresponding Part, Order, section or rule, under Section 158, rather than becoming void.

  1. AAs a reference to the Code of 1908 or its corresponding Part, Order, section or rule, so far as practicableCorrect
  2. BAs a reference that becomes void and unenforceable
  3. CAs a reference to the Limitation Act only
  4. DAs a reference that must be read only with the First Schedule

Explanation

Section 158 provides that references in earlier enactments or notifications to Act VIII of 1859 or any repealed Code of Civil Procedure are, so far as practicable, deemed to refer to the 1908 Code or its corresponding Part, Order, section or rule. The void option ignores this saving.

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