A.N. Varma, J. - (1.) THIS revision is directed against an order allowing an application under Section 18 of the Religious Endowments Act, 1863 and granting permission to the opposite parties to file a suit for the reliefs mentioned therein.
(2.) THE first contention raised by the applicants was that the aforesaid. Act was not applicable to the religious endowments which came into existence after 1863. In the present case the endowment came into existence long after 1863. This question was referred by the learned Single Judge who first heard this revision to a five Judge Full Bench which has, by its judgment dated April 17, 1984 unanimously answered the question in the affirmative - -See, 1984 AWC 423. The opinion expressed is that Sections 14 and 18 of the Act apply also to religious endowments created after 1863 and consequently the said Act was rightly applied to the instant case. The Full Bench decision, therefore, concludes the first point. The second question which was raised before me by the Learned Counsel was that the Religious Endowments Act, 1863 was repealed by the U.P. Public Charitable and Hindu Religious Institutions and Endowments Ordinance, 1976. The Ordinance lapsed in course of time and was not re -enacted by the Legislature. It was urged that the effect of the repeal of the Religious Endowments Act, 1863, notwithstanding the fact that, the Ordinance by which it was repealed had lapsed, was that the Religious Endowments Act, 1863 stood abrogated and completely wiped out from the Statute Book. The application made by the opposite parties under Section 14 of the Act on December 11, 1974 must hence be deemed to be incompetent in law.
(3.) I am unable to agree. It is true that the repeal of a repealed Act does not automatically revive the repealed Act on the repeal of the repealing Act (See Section 7 of General Clauses Act). In the present case, however, the Religious Endowments Act was not repealed by the Ordinance of 1976. The Ordinance merely provided that the Religious Endowments Act. 1863 shall cease to apply to charitable Institutions and Hindu Religious Institutions and Endowments thereof. Section 94 of the Ordinance which provides for repeals and savings in so far as it Is relevant for the purpose of this case provides: 94. Repeals and Savings. (1) The Uttar Pradesh Hindu Public Religious Institutions (Prevention of Dissipation of Properties) (Temporary Powers) Act, 1962 is hereby repealed. (2) Except as provided in Sub -section (3), the enactments mentioned below shall cease to apply to charitable institutions and Hindu Religious Institutions and the Endowments thereof to which this Ordinance applies and Section 6 of the U.P. General Clauses Act, 1904, shall apply upon such cesser of application as if these enactments have been repealed by an Uttar Pradesh Act. (a) The Religious Endowments Act, 1863. (b) .... (c) .... (d) Sections 92 and 93 of the Code of Civil Procedure, 1908. (3) Not with standing such repeal. (a) .... (b) .... (c) all proceedings pending before the State Government, any officer or authority or a trustee under the provisions of the repealed Acts, at commencement of this Ordinance shall, subject to the provisions of Clause (d), abate; (d) any remedy by way of right of suit, appeal or application which is provided by the Ordinance, shall be available in respect of proceedings under the repealed Acts, pending at the commencement of this Ordinance, as if the proceeding in respect of which the remedy is sought had been instituted under this Ordinance and such proceeding shall be continued from the stage at which they are so pending by the appropriate authority under this Ordinance.;