Coutts Totter, J.

1. This matter has been referred to me by the Chief Justice purporting to act under the provisions of Section 5 of the Court Fees Act, VII of 1870. That section runs as follows: "When any difference arises between the Officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney as to the necessity of paying a fee or the amount thereof, the question shall be referred to the Taxing Officer whose decision shall be final except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Chief Justice or of such Judge as the Chief Justice shall appoint on this behalf" I have given the material words.

2. The question arose out of an appeal from a determination of my brother Phillips, J. I need not say more about its nature for my purpose and the contention for the applicant (the would-be appellant) was that the sum payable by him to file his Memorandum of Appeal was Rs. 100 under Article 36 of Appendix II to the Original Side Rules which draws up a list of Court-fees to be levied by the Registrar, High Court. The contention of the Registrar, was that the proper