P. N. MOOKERJEE, J. : This is the defendants appeal arising out of a suit on mortgage which was valued at Rupees 9,287-11 as. The suit was filed sometime in the year 1956 and it was registered as Title Suit No. 129 of 1956 of the Court of the 9th Subordinate Judge at Alipore, 24-Parganas. The suit was decreed in part by the trial court by its judgment, dated November 29, 1957, the decree being actually signed on January 9, 1958. On April 3, 1958, the present appeal was filed in this Court by the defendants for relief to the extent of Rs. 800/-only and the appeal was valued at that figure, namely, Rs. 800/-.

2. The plaintiff respondent, after entering appearance, took a preliminary objection to the maintainability of the appeal in this Court under and in view of West Bengal Act XVI of 1957 (which had come into force on January 1, 1958), whereupon it was directed to be heard on that point and it was actually so heard by us on May 13, 1959. Several other appeals also came up for hearing on the same preliminary point, of which the last one was heard in the early part of this month. In the light of the arguments in the different appeals, we have considered the whole matter, but,