Description

Section 157 of the Code of Civil Procedure (CPC) addresses the continuation of orders made under repealed enactments. Essentially, it ensures that any orders, decrees, or judgments made under laws or provisions that have been repealed by the CPC or other reforms will continue to remain valid and enforceable, unless specifically altered or superseded by the new code.

Key Provisions of Section 157:

1. Orders and Decrees Under Repealed Laws:

   • Section 157 ensures that any orders or decrees passed under previous laws or enactments that are now repealed by the CPC will not be automatically invalidated.
   • These orders will remain in force and must be treated as if they were made under the CPC itself, unless they contradict the provisions of the current code or are explicitly set aside by the court.

2. Purpose of Section 157:

   • The purpose of this provision is to preserve the legal effectiveness of decisions that were made under older laws but are still relevant. This avoids the need for repetition of legal processes or re-litigation of matters that have already been decided under the previous enactments.
   • It is meant to provide continuity and stability in civil proceedings and ensure that justice is not delayed due to the repeal of old laws.

3. Practical Example:

   • If a decision or decree was passed under a pre-CPC law, but that law was later repealed by the enactment of the CPC, this provision ensures that the decision remains valid. For example, if a court passed an order for attachment or execution of property under an older law, Section 157 would ensure that the same order continues to be enforceable under the new code.

4. Enforcement of Orders:

   • Even though the laws under which these orders were passed may no longer exist, the orders themselves remain in force. This is essential for maintaining the integrity of previous court decisions and ensuring that ongoing enforcement proceedings are not disrupted by legal changes.

5. Relationship with the CPC:

   • Section 157 provides that orders passed under repealed enactments will be deemed to have been passed under the CPC, provided they are not inconsistent with its provisions. This allows for uniformity and avoids complications arising from multiple procedural laws.

Punishment

• No Specific Punishment: Section 157 does not prescribe punishment for failure to adhere to its provisions. Instead, it facilitates the continuation of valid orders passed under repealed laws. The failure to comply with such orders would result in legal consequences related to enforcement, but not punishment for the repeal of the laws themselves.

• Impact of Non-Compliance: If a party refuses to comply with a valid order made under a repealed law, they could be subject to contempt of court or other legal actions to enforce compliance with the decree or order.