Retrospective pre-emption amendment in pending appeals must apply the amended law and allow amendment of pleadings.

Retrospective operation of an amending pre-emption statute in pending appellate proceedings requires the court to apply the amended law consistently, so that former rights under the unamended provision cannot support a decree and any newly created right may be asserted in the same proceedings. The retrospective fiction extends to the relevant dates, allowing parties affected by the amendment to seek amendment of their pleadings and prove entitlement under the revised provision. In a pending pre-emption dispute, the earlier decrees could not stand because the amended section governed the matter, and the claims were remitted for fresh consideration on the amended basis.

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Issues: Whether the retrospective operation of section 31 of the Punjab Pre-emption (Amendment) Act, 1960 required the appellate court to give effect to the amended section 15 of the Pre-emption Act, 1913 by taking away the earlier pre-emption right and by recognising any new right created by the amendment, and whether the matter should be remitted to permit amendment of the claim.

Analysis: Section 31 was construed as mandating that no decree in a pending pre-emption matter could be passed if it was inconsistent with the amended Act. The consequence of that retrospective operation was not limited to extinguishing rights available under the unamended law; it also required effect to be given to rights newly conferred by the amended section 15. The pre-existing right of pre-emption claimed under the deleted clauses could no longer sustain a decree, while the respondents were entitled to contend that they fell within the newly introduced class of tenants and to seek amendment of their pleadings accordingly. The retrospective fiction was treated as extending to the relevant dates so that the amended right could be asserted in the pending proceedings.

Conclusion: The retrospective amendment applied to the pending appeals, the decrees of the High Court could not stand, and the respondents were entitled to an opportunity to amend their claims and prove the right conferred by the amended provision.

Final Conclusion: The appeals succeeded to the extent that the matter was sent back for fresh adjudication on the amended pre-emption claim, with the earlier decrees set aside.

Ratio Decidendi: Where a pre-emption statute is made retrospectively operative during pending appellate proceedings, the appellate court must decide the matter only in a manner consistent with the amended law, giving effect both to the extinction of former rights and to any new rights created by the amendment.

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