Saving clause and mortgage redemption procedure: new Transfer of Property Act applied, while earlier procedural rules were not preserved.

Section 2(c) of the Transfer of Property Act, 1882 was construed as preserving pre-existing rights, liabilities and relief, but not the procedural machinery used to enforce them. The distinction between a mortgagor's substantive right to redeem and the remedy or mode of redemption was treated as decisive, and a change in the time and mode of redemption was held not to alter the underlying right or liability. The new Act therefore applied to the pending mortgage matter, and the earlier procedural regime was not saved.

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Issues: Whether section 2(c) of the Transfer of Property Act, 1882 saved the prior procedural regime so as to exclude the application of the new Act to a pending mortgage matter, or whether the change affected only procedure and not the mortgagor's substantive rights or relief.

Analysis: The saving clause in section 2(c) was construed as preserving rights, liabilities, and relief arising from pre-existing legal relations, but not the procedure by which those rights or relief were enforced. The distinction was drawn between the mortgagor's substantive right to redeem and the remedy or machinery for enforcing that right. The prior Regulation and the Transfer of Property Act were treated as provisions of procedure in this context, and a change in the time and mode of redemption was held not to amount to an alteration of the underlying right or liability. The new Act was therefore applicable, because the saved matters did not extend to the former procedural system.

Conclusion: The Transfer of Property Act, 1882 applied to the case, and the earlier procedural provisions were not preserved by section 2(c).

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