( 1 ) THE memorandum of appeal in the above ease was presented before a Bench of this Court on 24-2-1950 with a stamp report that the appeal was within time till 25-2-1950 and that there was a deficiency in the court-fee paid to the extent of Rs. 295/14/ -. The amount of court-fee paid on the memorandum of appeal was Rs. 19/12/- only. Mr. Jagdish Sahai, counsel for the appellant, who filed the appeal, requested the Bench to grant one months time for making good the deficiency. As the Bench considered that the question whether time could be granted for making good the deficiency in the court-fee extending beyond the period of limitation as a matter of course or under certain circumstances only, was a question of sufficient importance to merit consideration by a larger Bench, they referred the following four questions to this Bench :

"1. Whether Section 4, Court-fees Act, is subject to, or controlled by, the provision of, and principles underlying, Section 6 (2) of that Act ?

( 2 ) WHETHER the provisions of Section 4, Court-fees Act, override the provisions of Section 149, civil P. C. , so far as the power of the High Court to extend time for making good the deficiency in