Section 157 — Continuance of orders under repealed enactments
No fresh start needed. Everything done under the old law — notifications, rules, forms, scales, appointed places, filed agreements, appointments and powers — continues with the same force and effect as if done under the 1908 Code, so far as it is consistent with it. The working machinery carries over.
How to read Section 157
What continues
A whole list of things already done — notifications, rules, forms, scales, places, agreements, appointments and powers — under the earlier law.
From where
From Act VIII of 1859 (the first Code), later Codes of Civil Procedure, amending Acts, and other repealed enactments.
On what footing
So far as consistent with the 1908 Code, they have the same force and effect as if made under it.
The bare Act
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Act VIII of 1859 or under any Code of Civil Procedure or any Act amending the same or under any other enactment hereby repealed shall, so far as they are consistent with this Code, have the same force and effect as if they had been respectively published, made, appointed, filed,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.
In short: the administrative apparatus set up under the old Codes — the rules, forms, fee-scales, appointed places, official appointments and delegated powers — does not lapse when the 1908 Code begins; so far as it fits the new Code, it carries on as though made under it.
→ § 157 is a continuity / savings provision. Rather than re-issue every rule, form and appointment afresh, the Code adopts what already existed under the law it replaced — Act VIII of 1859 (the first Code of Civil Procedure) onward. The single limit is consistency: anything that clashes with the 1908 Code does not continue. The rest stands as if validly made under the new Code by the proper authority.
Key terms decoded
The first Code of Civil Procedure in British India — the start of the line of Codes (1859 → 1877 → 1882 → 1908) that the present Code continues.
The predecessor laws the 1908 Code repealed — the earlier Codes, their amending Acts, and other related enactments.
The administrative output of the old law — notifications, declarations, rules, appointed places, filed agreements, prescribed scales, framed forms, appointments and conferred powers.
The condition — only what is compatible with the 1908 Code continues; anything in conflict with it falls away.
The surviving items are treated as validly made under the 1908 Code by the authority it empowers — no need to re-make them.
Continuity — courts kept working from day one of the new Code, on the existing rules, forms and appointments, without a gap.
The picture — the old machinery carries over
§ 157 spares everyone a fresh start: the rules, forms, scales and appointments built up under the older Codes simply carry forward into the 1908 Code — valid as if newly made — except where they no longer fit the new law.
Part by part — the one sentence
Notifications published, declarations and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointments made and powers conferred…
The full administrative apparatus of the old law — nine kinds of thing already done under it.
…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…
From the first Code (1859) onward — the earlier Codes, their amendments and other now-repealed Acts.
…shall, so far as they are consistent with this Code, have the same force and effect as if they had been … made … under this Code…
So far as consistent, they have the same force as if made under the 1908 Code — the inconsistent ones do not survive.
Why it matters
A new Code — without a standing start
§ 157 lets the courts run on the existing machinery from the very first day.
Connected provisions
Section 157 is a transitional saving in Part XI’s closing group (§§ 154–158). Where § 156 (now repealed) switched off the old Code, § 157 kept alive what was done under it; § 158 then tells us how to read references to the repealed law.