- (1.)These two Civil Revision Petitions raise substantially the same question and are, therefore, disposed of together.
(2.)I will state the facts in CRP. No. 1719/77 first. A claim-petition filed by the petitioner under Or. XXI, R. 58, C.P.C. has been dismissed by the Court below, on the ground that the petitioner has filed to prove the factum of her possession in her own right. The claim-petition was fiied prior to the coming into force of the Civil Procedure Code (Amendment) Act No. 104 of 1976. (The provisions with which we are concerned in these Civil Revision Petitions come into force on 1-2-1977). Tht decision, however, was rendered on 2-5-1977, i.e, after the coming into force of the said Amendment Act. At the hearing of the Civil Revision Petition, a preliminary objection was raised on behalf of the respondents that, in view of the said Amendment Act, the C.R.P. is not maintainable in law.
(3.)C.R.P. No. 1792 of 1977 arises from an order dismissing the application filed by the petitioners under Or. XXI, C.P.C. This application also was filed belore the coming into force of the Amendment Act, but the order thereon is subsequent to the amendment. The question is, how does the said amendment affect the disposal of the Civil Revision Petition?