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Section 157 of The Code of Civil Procedure, 1908

Continuance of orders under repealed enactments.

Notifications published, declarations and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointments made and powers conferred under Act VIII of 1859 or under any Code of Civil Procedure or any Act amending the same or under any other enactment hereby repealed shall, so far as they are consistent with this Code, have the same force and effect as if they had been respectively published, made, appointed, filed, prescribed, framed and conferred under this Code and by the authority empowered thereby in such behalf.

Summary

Rules and orders made under old, deleted laws remain in effect if they fit with the current law.
This applies to things like official notifications, appointments, and court fee scales.
These old rules are treated as if they were originally published under the 1908 Code.
The section ensures that basic court operations do not break just because the main law was updated.
Only old orders that are consistent with the 1908 Code are allowed to continue.

Practical examples

1A court clerk was hired in 1890 under an old law, but Section 157 ensures their appointment remains valid under the 1908 Code.

2A specific city was designated as a place for court sittings in 1860, and this designation continues to be legal today.

3A standard form for filing a case that was created under an ancient statute still works because it does not contradict the new law.

FAQ

1. Do old notifications under repealed laws still work under the Code of Civil Procedure, 1908 Section 157?

Yes, Section 157 of the Code of Civil Procedure, 1908 says notifications under repealed acts still have force if they are consistent with the 1908 Code.

2. What happens to a court appointment made before 1908 under Section 157?

Under Section 157 of the 1908 civil law, appointments made under repealed enactments are treated as if they were made under the current Code.

3. Can an old court rule be ignored if it was made under a deleted law?

No, unless it is inconsistent with the 1908 Code, Section 157 requires that old rules be treated as having the same effect as new ones.

Test yourself

1.Under Section 157 of the Code of Civil Procedure, 1908, what is the main requirement for an old rule to remain valid?

2.Which ancient Act is specifically mentioned in Section 157 of the 1908 Code as having its orders continued?

3.According to Section 157 of the civil law, how are old appointments treated?

4.If a state government set a scale of court fees in 1885, does Section 157 of the 1908 Act apply to it?

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