Judgment

S. K. DAS, J. : These two consolidated appeals arise out of the judgment and order of the High Court of Bombay dated 24-11-1954*, passed on two applications in two appeals disposed of by the said High Court. The facts are similar and the question of law arising therefrom is one and the same, namely, whether in the absence of provisions giving retrospective effect to certain amendments made in the Court-fees Act 1870 as applied to Bombay by the Court-fees (Bombay Amendment) Act, 1954 (Bombay Act No. 12 of 1954) which amendments came into force on 1-4-1954, hereinafter called the relevant date, the court-fees payable on two memoranda of appeal were payable according to the law in force at the date of filling of the suits which was prior to the relevant date, or according to the law in force at the date of the filing of the memoranda of appeal which was after the relevant date.

* Reported in (S) AIR 1955 Bom 332.

2. The facts are simple and may be very shortly stated. On 16-4-1953, Messrs. Sawaldas Madhavdas brought a suit against the Arati Cotton Mills, Ltd., praying for a decree for rupees two lacs and odd. The suit was decreed on 22-7-1954. The Arati Cotton Mills, Ltd., filed