( 1 ) THIS matter has been referred to a larger Bench by the Division Bench consisting of Pradyot Banerjee and G. N. Ray, JJ. by an order made on the 23rd Nov. , 1977. The question is whether the Bengal, Agra and Assam Civil Courts (West Bengal Amendment) Act being Act XXVI of 1969 is retrospective in operation. In an unreported decision of a Division Bench of this Court it was held that the amendment Act was not retrospective. This decision was pronounced on the 3rd Dec. , 1976 but certain earlier Division Bench decisions were not considered. In the earlier decisions similar amendment Acts were held to be retrospective. Banerjee and Ray JJ. were inclined to agree with the earlier decisions. That is why, the present reference has been made.

( 2 ) LET us first discuss the relevant facts. The Bengal, Agra and Assam Civil Courts Act was passed in 1887. Before 1957, Section 21 (1) of this Act ran thus :"section 21. Appeals from Subordinate Judges and Munsiffs.-- (1) Save as aforesaid, an appeal from a decree or order of a Subordinate Judge shall lie- (a) to the District Judge where the value of the original suit in which or in any proceeding arising out of