V.K. Gupta, C.J.
1. Vide order dated 14th September, 2006, respondents No. 4 to 8 were set ex-parte.
2. Vide the impugned order dated 13th April, 2006, the learned Financial Commissioner (Appeals) summarily disposed of Revenue Revision No. 96 of 2001 only on the ground that since the aforesaid revision petition had been filed under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (Central Act No. 44/1954) and because the said Act had been repealed by the Displaced Persons Claims and other Laws Repeal Act, 2005 (Central Act No. 38/2005) and since there was no saving Clause in the aforesaid repealing Act, the revision petition was not maintainable.
3. Apparently, the learned Financial Commissioner (Appeals) was not aware of Section 6 of the General Clauses Act, 1897 (Central Act No. 10 of 1897) which very clearly stipulates and lays down that despite repeal of any Central Act, such repeal shall not affect the previous operation of any enactment repealed, or anything duly done or suffered thereunder nor such repeal shall affect any right acquired etc. under the repealed enactment etc. etc. Clause (e) of Section 6 also clearly lays down that the repeal shall not affect any legal proceeding or remedy in respect of any right, privilege etc. which might have accrued under the repealed enactment. Such being the clear position of law, the revision petition filed by the petitioner did not merit disposal on the aforesaid technical ground The order thus suffers from a patent error of law apparent on the face? of the order and is liable to be set aside.
4. The impugned order is thus set aside.
Because by the impugned order the revision petition was disposed of only on the aforesaid uncalled for legal and technical ground, it is ordered, that the revision petition shall stand restored and revived to its original position. The revision petition is remitted to the learned Financial Commissioner (Appeals) for its disposal afresh in accordance with law.
The petition is disposed of.
CMP No. 284 of 2006
In view of the disposal of the main petition, this application is also disposed of. Interim order dated 23rd June, 2006 shall stand vacated.