Chatterji, J.

1. This is an application by the D. Hs. for leave to appeal to the Supreme Court from an appellate order dated 5-8-1948, of this Court which reversed the decision of the trial Court & dismissed the application for execution of a mortgage decree as barred by time.

2. The application for leave to appeal was filed on 4-10-1948, that is, before the Constitution of 1950 came into force & will, therefore, be governed by Sec.110, Civil P. C. This section provides:

"In each, of the cases mentioned in Clauses (a) & (b) of Sec.109, the amount or value of the subject matter of the suit in the Court of first instance must be ten thousand rupees or upwards, & the amount or value of the subject-matter in dispute on appeal to His Majesty in Council must be the same sum or upwards, or the decree or final order must involve directly or indirectly, some claim or question to or respecting property of like amount or value, & where the decree or final order appealed from affirms the decision of the Court immediately below the Court passing such decree or final order, the appeal must involve some substantial question of law."

The words "His Majesty in Council" must now be read as "