( 1 ) THE question that falls for determination is whether the appellants who were the defendants in the suit and who filed this appeal on 19/12/1959 that is after the new Act came into force are liable to pay Court-fees under the old Act or under the new Act?

( 2 ) THE preamble to the new Act recites that the Act was passed with the object of consolidating and amending the law relating to the fees except those falling under entries 77 and 96 of list I in the Seventh Schedule to the Constitution. The principal difference between the old Act and the new Act is the new scale of fees provided in the ad valorem fees and the withdrawal of the maximum of Rs. 12 500 thereunder in the old Act and the substitution in its place of unlimited fees chargeable under the last sub-clause of clause (1) of Schedule I of the Act. It is not in dispute that the present memorandum of appeal is a document falling under clause (1) of the first schedule and if the new Act were to apply to it the fees chargeable of it would be Rs. 1240/according to the higher scale now provided.

( 3 ) SECTION 5 (1) creates a disability against a document on which proper fees are not paid for by providing that