Uzir Ali vs Ram Komal Shaha and Others

Wilson, J.—I cannot distinguish this case in principle from the former Full Bench decision of Lal Mohun Mukerjee v. Jogendra Chunder Roy 14 C. 636. Section 174 was there held to be not a matter of mere procedure, but to confer substantive right. In the absence of any indication of intention that the provision is to operate retrospectively, it does not, I think, by the ordinary rules of construction, apply to the proceedings under a decree passed before the commencement of the Act. I should answer the question referred to us in the negative and set aside the order complained of.