https://www.taxtmi.com/caselaws?id=168644 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. en-us Tue, 06 Aug 1974 00:00:00 +0530 Thu, 19 Mar 2015 11:47:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=168644 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. Case-Laws Indian Laws Tue, 06 Aug 1974 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=168644