Retrospective revisional jurisdiction cannot reopen a final appellate order unless the statute clearly says so.

Amended revisional jurisdiction under section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Amendment) Act, 1965 was held not to apply to a revision already pending in the High Court where the appellate order had become final under the unamended law. The enlargement of the High Court's power from the limited supervisory jurisdiction under section 115 CPC was treated as substantive in these circumstances because it would reopen a matter already finally decided. As the amendment contained no express words or necessary implication giving it retrospective effect, the finality of the appellate order was preserved and the High Court could not interfere under the amended provision.

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Issues: Whether the amended revisional jurisdiction conferred by section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Amendment) Act, 1965 could be applied to a revision petition already pending in the High Court against an appellate order that had become final under the unamended law.

Analysis: The amendment enlarged the High Court's power from the limited supervisory jurisdiction under section 115 of the Code of Civil Procedure, 1908 to a wider power to call for the record and satisfy itself that the appellate decision was according to law. The Court held that the appellate order had already acquired finality before the amending Act came into force, and that the Legislature had not expressed, either expressly or by necessary implication, an intention to take away that finality retrospectively. The enlargement of jurisdiction was not treated as a mere matter of procedure in these circumstances, because it would reopen matters that had already been finally decided.

Conclusion: The amended section 29(2) did not apply retrospectively to the pending revision petition, and the High Court could not set aside the final appellate order under the amended jurisdiction.

Ratio Decidendi: A later statute conferring wider revisional powers will not be applied so as to reopen an order that had already become final, unless retrospective operation is clearly expressed or necessarily intended.

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