CHAGLA, C.J. :- This appeal arises ou1 of a suit filed by the plaintiff for a declaration that two orders of excommunication passed by defendant 1, who is the Head Priest of the Dawoodi Bohra Community, on 28-2-1934, and 28-4-1948, were void, illegal and of no effect, and also claiming damages from defendant 1.

2. The matter came before Shah, J. who raised two preliminary issues. The plaintiffs contention was that the excommunication was bad in view of the Bombay Prevention of Excommunication

Act (Bom Act 42 of 1949), having come into operation on 1-11-1949. The contention of defendant 1 on that was that inasmuch as the orders of excommunication were passed prior to 1-11-1949, the Act had no application, and also that the Act was ultra vires inasmuch as it contravened certain provisions of the Constitution. The learned Judge, therefore, raised two issues, whether the Act was ultra vires and the other was whether the Act was retrospective. The learned Judges findings on both the issues were against defendant 1. He held that the Act applied and also that the Act was not ultra vires. It is from these two findings that this appeal is preferred, and the first question that arises