( 1 ) THIS Bench has been constituted under Section 5 of the Court-fees Act, 1870 (hereinafter referred to as the principal Act) to determine the court-fee payable on a petition under Article 226 of the Constitution. A petition under this Article was presented to the Court on which a court-fee of Rs. 5/- had been paid. That fee was considered insufficient by the Taxing Officer who was of opinion that as a consequence of the amendment made in the principal Act by the U. P. Court-fees (Second Amendment) Act, 1958 (U. P. Act XLIV of 1958) and the Court-fees (Uttar Pradesh Amendment) Ordinance, 1959 (U. P. Ordinance II of 1959) the proper fee was rs. 50/ -. The Ordinance has now been replaced by the Court-fees (Uttar Pradesh Amendment act, 1959 (U. P. Act X of 1959) and the provisions of the principal Act so amended which call for consideration are Section 4 and Clause (e) of Article 1 of Schedule II. These provisions, so far as they are material, read as follows:

"section 4. No documents of any of the kinds specified in the first or second schedule to this Act annexed, as chargeable with fees, shall be filed. . . . . in the High Court of Judicature at Allahabad in the exer