Bose, C J—Counsel for the Appellant challenges the jurisdiction of a single Judge to hear this appeal. The appeal is over Rs. 2,000 in value. According to the affidavit the subject-matter of the appeal is now worth over a lakh of rupees. If a single Judge hears it no appeal will lie to the Federal Court because of Section 111, Code of Civil Procedure but if a Division Bench hears it an appeal will lie as of right. Up till 27th May 1949 this appeal would have been heard by a Division Bench but because of the alteration in the Rules of this Court effected on 27 th May 1949 all second appeals have now to be heard by a single Judge. This is a second appeal, but it was filed on 13th October 1945. Counsel for the Appellant contends that a right of appeal is a vested right and relies on Colonial Sugar Refining Co. v. Irving 1905 A.C. 369 : 74 L.J.P.C. 77; Delhi Cloth and General Mills Co. v. Income Tax Commissioner, Delhi, 1927 AIR(PC) 242; Bhagwat Rao v. Damodhar, 1938 ILR(Nag) 91 and Sadar Ali v. Dolimuddin, 1928 AIR(Cal) 640. Re-lying on the same rulings he contends, (1) that this vested right to have his case heard by a Division Bench with a right of appeal over to the Federal