CHAGLA, C.J.- These are two applications which claim a refund of court-fees paid on appeals filed on the Original Side of this Court and the refund is claimed under S.151, Civil P.C. on the ground that the higher court-fees were paid by mistake or inadvertence. It is also stated in these applications that the applicants were not liable in law to pay the higher court-fees which in fact they have paid.

2. Now, the suits from which these appeals arise were filed before 1-4-1954. In both cases the appeals are by the defendants and the court-fees which the appellants paid were the court-fees regulated by the amendment to the Court-fees Act which came into force on 1-4-1954. As it is well known, on that date the whole system of charging court-fees in the High Court on the Original Side was altered and instead of a fixed fee to be payable on the plaint ad valorem fees became leviable as in the districts.

The contention of the applicants is that at the date when the suits were filed the court-fee leviable was a fixed fee. At that date they had a vested right of appeal and that vested right has been impaired by a higher burden being thrown upon them for preferring an appeal to this C