Description

Section 154 of the Code of Civil Procedure (CPC) addresses the saving of existing rights of appeal even after changes or amendments in the law. This section ensures that individuals or parties involved in legal proceedings retain their right to appeal, regardless of any subsequent amendments or reforms to the appeal process under the CPC.

Key Provisions of Section 154:

1. Saving of Existing Rights of Appeal:

   • Section 154 specifically provides that the right to appeal that a person holds under the existing law at the time of the decision or order will not be taken away by any amendment to the law that might occur subsequently.
   • In other words, if a decree or order is passed before an amendment in the law that would change or limit appeal rights, the person involved retains the right to appeal under the old law even if the appeal provisions have been modified.

2. Preservation of Rights for Ongoing or Pending Cases:

   • This provision is especially important for individuals who might be in the middle of a case or those who have had a decree passed against them but have not yet filed an appeal.
   • Section 154 ensures that the amendments to procedural law, particularly regarding appeals, do not affect pending matters where a party might still want to file an appeal based on the old law.

3. Example of Application:

   • If an individual had a decree passed against them before a reform or change in the law of appeal, and the appeal process was restricted or changed by the new law, Section 154 would allow them to still appeal based on the procedures available before the amendment.
   • This provision thus serves as a safeguard to ensure that individuals are not deprived of legal remedies due to changes in procedural law that are made after the commencement of their case.

4. Impact on Procedural Changes:

   • Legislative changes in the appeal process, such as limitations on appeal, or restrictions on the right to appeal to higher courts, will not affect cases where the decree was passed before the change.
   • This grandfathering clause ensures that a person’s right to challenge a judgment or order is preserved, even if the appeal process has undergone reforms.

5. Judicial Precedents and Interpretation:

   • Courts have interpreted Section 154 as a protective measure for litigants who find themselves under the jurisdiction of old laws when amendments take place. It ensures legal continuity for ongoing cases.
   • The saving clause helps avoid confusion and unfairness in situations where appeals were available under earlier provisions, and an individual could lose the right to appeal due to the retrospective effect of changes in law.

Punishment

No Specific Punishment: Section 154 does not deal with the punishment for failure to comply with provisions. Instead, it is an exempting clause that preserves the right of appeal for individuals, even if the law changes.

Impact of Non-Compliance: If someone were to be denied the right to appeal due to new provisions that are not saved by this section, it could result in legal challenges and injustice, leading to a judicial review or a potential appeal based on procedural fairness.