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44. Pending proceedings.- (1) Any suit, proceeding, case or appeal pending in a court immediately before the commencement of this Act shall, upon the commencement of this Act, be deemed to be transferred to the court exercising under this Act jurisdiction which corresponds, as far as may be, to the jurisdiction of the court in which the suit, proceeding, case or appeal was pending and the court to which the suit, proceeding, case or appeal is deemed to be transferred shall proceed to try, hear and determine the matter as if it had been pending in that court. (2) Any appeal from a judgment, decree, sentence or order passed or made by a court and not appealed against before the commencement of this Act shall, after such commencement, lie to the court exercising under this Act jurisdiction which corresponds, as far as may be, to the jurisdiction of the court to which such appeal would have lain if this Act had not been passed and had not come into force. (3) Any judgment, decree, sentence or order passed or made before the commencement of this Act by any court shall be deemed for the purpose of execution to have been passed by a court constituted under this Act which corresponds, as far as may be, to the court which passed or made the judgment, decree, sentence or order as the case may be: Provided that nothing contained in sub-section (1) or sub-section (2) shall be construed as extending period of limitation to which any suit, proceeding, case or appeal may be subject.    |
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