( 1 ) I shall deal with the two applications separately.

( 2 ) THE first one is an application for amendment of the decree passed in the above appeal. The amendment prayed for is for substitution of "state of West Bengal" for "province of Bengal. "

( 3 ) THE appellant petitioner was the plaintiff in a suit for declaration that the assessment of revenue upon the disputed land was ultra vires and for an injunction restraining the respondent 1, opposite party no. 1, from realising the assessed revenue and for other incidental reliefs.

( 4 ) THE suit failed in the trial Court.

( 5 ) THE appellant petitioner filed the above appeal in this Court in 1943.

( 6 ) THE appeal was pending in this Court on 15-8-1947.

( 7 ) THE Indian Independence Act, 1947 (10 and 11 Geo. VI , C. 30) received the assent of His Majesty on 18-7-1947.

( 8 ) SECTION 3 of the Act provided that as from the appointed day (15-8-1947) the Province of Bengal as constituted under the Government of India Act, 1935 shall cease to exist and that there shall be constituted in lieu thereof two new Provinces to be known respectively as East Bengal and West Bengal.

( 9 ) THE question in this application concerns