( 1 ) THIS appeal was initially heard by a Division Bench consisting of Hon. H. N. Seth and Hon. V. K. Mehrotra, JJ. Being of the view that the controversy relating to maintainability of the appeal was of importance, which needed an authoritative pronouncement by a larger Bench, the following questions were referred for opinion:-

1. Whether notwithstanding the provisions of Section 97 (3) of the Amending Act 1976 and amendment of Section 2 (2) of the Civil P. C. by Section 3 of that Act, right of a party to file an appeal against an order determining the question falling under Section 47 of the Eivil P. C. remains unaffected because of the provisions contained in Section 97 (2) (a) of the Amending act ?

2. If answer to question No. 1 is in the negative, does Section 97 (2) of the Amending Act preserve the right of appeal against orders passed under Section 47 of the Code only in respect of appeals pending on the date on which the Amending Act came into force or does it permit appeals in cases where the right to file the same had accrued before coming into force of that Act?

3. If it is held that Section 97 (2) saves the right of appeal against order passed under Sect