1. This application raises a question of some interest regarding the interpretation of S. 43 of the Bombay Court - fees Act, No. XXXVI of 1959. The question arises in the following manner :
The opponents - plaintiffs filed a suit No. 92 of 1957 in the Court of the 2nd Joint Civil Judge (Senior Division), Ahmedabad, against the petitioner - defendant for the recovery of Rs.12412-8-0 alleged to be due and payable under a promissory note executed in 1951 by the petitioner. The Trial Court rejected the petitioner's plea of limitation and passed a decree in favour of the opponents - plaintiffs for a sum of Rs.12,347-8-0. On the 17th of January 1957, the petitioner presented a First Appeal against the said decree. On the 7th of April 1959 that appeal was registered and given a number, viz. No. 281 of 1959. Before the appeal could come up for admission, the learned