( 1 ) THE petitioner who are citizens of India have challenged the constitutionality of the Letters Patent of 1865, the Calcutta High Court (Jurisdictional Limit) Act, 1919 and section 34 (2) (3) of the Advocates Act, 1961 on the ground that they offend the provisions of Article 14 of the Constitution of India.

( 2 ) SIMILAR application was filed by the petitioner No. 2, Sri E. H. Tippo and another which came for consideration before D. Basu, J. as to its maintainability. The said petition was dismissed on the ground that there were not sufficient averments to show which would render the alleged classification unreasonable and also to show how they were affected by the offending law. It was held that unless such averments were made the opposite parties could not get an opportunity to controvert such allegations or to set up further grounds for which the classification, if any, may be sustained. D. Basu, J. however, permitted them to file fresh application either by themselves or along with others with proper averments. The said order was passed in C. O. 6796 (W) of 1968 on Jan. 25, 1971.

( 3 ) AFTER that, the present application has been filed on 5. 2. 7