Code of Civil Procedure, 1908–Sec. 47–Scope–Law which was in existence at the time of passing the decree, would prevail and the subsequent declaration of law as unconstitutional would not render the decree inexecutable, particularly when no objection in regard thereto was taken in the second appeal as also in SLP–Objection was up to effect that the decree was not executable as the right of pre-emption on the ground of common wall between the properties belonging to the parties contained u/s. 6(1)(iii) of the Pre-emption Act has been declared unconstitutional and has been struck down–Decree was passed prior to declaring the provision unconstitutional–Further, the issue was open to challenge in appeal as it was prospective in nature–No such objection was taken in second appeal or SLP–Decree attained finality–Held, objection was rightly rejected.
