Appellate confirmation of pre-emption decrees barred once repeal provision commenced, since appellate decree is its own decree.

Section 3 of the Punjab Pre-emption (Repeal) Act, 1973 barred any decree in a pre-emption suit after commencement, and that bar extended to appellate disposal because an appeal is a rehearing in which the appellate court has seisin of the entire matter. If the appellate court dismisses the appeal or affirms the decree, it effectively passes its own decree in the suit for pre-emption. On that reasoning, a pre-emption decree could not be sustained by confirmation at the appellate stage after the repeal provision came into force, and the appellate court's decision allowing the appeal was upheld.

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Issues: Whether, after the commencement of section 3 of the Punjab Pre-emption (Repeal) Act, 1973, an appellate court could dismiss or confirm a decree in a suit for pre-emption.

Analysis: Section 3 barred the passing of any decree in a suit for pre-emption after the Act came into force. An appeal is in the nature of a rehearing, and once a decree is appealed against the matter becomes sub judice again before the appellate court, which has seisin of the whole case. If the appellate court dismisses the appeal or confirms the decree, it passes a decree of its own in the suit for pre-emption.

Conclusion: The appellate court was right in allowing the appeal, and the challenge to that view failed.

Final Conclusion: The repeal provision governed appellate disposal as well, and the decree for pre-emption could not be sustained by affirmance at the appellate stage after the Act commenced.

Ratio Decidendi: A decree passed by an appellate court on hearing an appeal is a decree of its own, and therefore after a statutory bar on decrees in pre-emption suits has commenced, the appellate court cannot confirm a pre-emption decree without contravening that bar.

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