This is an appeal by special leave from an order of the Federal Court of India1 dated the 4th day of May, 1945, which varied a decree of the High Court of Judicature at Lahore dated the 27th March, 1944.

The respondent, who had been a member of the Indian Civil Service since 1922, instituted the present suit on the 20th July, 1942, against the Secretary of State for India, challenging the validity of an order by the latter dated the 10th August, 1940, which purported to remove the respondent from the Indian Civil Service.

The Secretary of State for India was the original appellant in this appeal, but after the hearing before this Board in July last, the Indian Independence Act, 1947, came into operation on the 15th August, 1947. By section 15(1) of the Act, the present appeal by the Secretary of State was abated, and by section 15(2) the appeal was continued by the High Commissioner. By sub-section (3) of that section, the expression “the High Commissioner” is defined for the purposes of the section. The High Commissioner for India and the High Commissioner for Pakistan have accepted that they should be treated as appellants in place of the Secretary of State for In