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Section 157: Continuance of orders under repealed enactments

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 156 All 158 Sections of Code of Civil Procedure Section 158

Legal Commentary & Landmark Judgments: Section 157

Section 157 establishes a comprehensive savings clause for notifications, rules, and appointments made under repealed civil procedure enactments, continuing them in force under the 1908 Code.

  • Continuity of Past Notifications: Notifications, declarations, rules, and appointments made under the Code of Civil Procedure, 1882, or any repealed enactment, shall, so far as may be, be deemed to have been made under this Code.
  • Continuity of Jurisdiction: Preserved territorial sub-divisions, small cause jurisdictions, and court establishments without requiring re-notification in 1909.
  • Section 24 General Clauses Act Nexus: Reinforces general statutory continuity principles.
Key Landmark Precedents:
  • State of Rajasthan v. Basant Nahata, (2005) 12 SCC 77: Affirmed that Section 157 ensures unbroken continuity of subordinate court establishments across code revisions.
  • Gurbax Singh v. Kartar Singh, (2002) 2 SCC 611: Referenced statutory savings across predecessor civil enactments.
Courtroom Practice & Strategic Litigation Guidance:

Pre-1908 gazette notifications establishing local civil court boundaries remain legally valid and operative under Section 157 savings.

Section 156 All 158 Sections of Code of Civil Procedure Section 158