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    <title>1979 (9) TMI 192 - ALLAHABAD HIGH COURT</title>
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    <description>The amendment to Section 2(2) CPC removed the statutory fiction treating orders under Section 47 as decrees, so the right of appeal against such execution orders was curtailed in pending matters. The saving provision in Section 97(2)(a) of the Civil Laws (Amendment) Act, 1976 was confined to appeals already pending or rights that had accrued where a decree had come into existence before the amendment; it did not create any new appellate right. The Court further held that the right to appeal in execution proceedings accrues on the date of filing the execution application, not on the date of the original suit.</description>
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    <pubDate>Thu, 20 Sep 1979 00:00:00 +0530</pubDate>
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      <title>1979 (9) TMI 192 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=171251</link>
      <description>The amendment to Section 2(2) CPC removed the statutory fiction treating orders under Section 47 as decrees, so the right of appeal against such execution orders was curtailed in pending matters. The saving provision in Section 97(2)(a) of the Civil Laws (Amendment) Act, 1976 was confined to appeals already pending or rights that had accrued where a decree had come into existence before the amendment; it did not create any new appellate right. The Court further held that the right to appeal in execution proceedings accrues on the date of filing the execution application, not on the date of the original suit.</description>
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      <pubDate>Thu, 20 Sep 1979 00:00:00 +0530</pubDate>
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