Mitter, J. - (1.) In this appeal by certificate granted by the Allahabad High Court the only question is, whether Special Appeal No. 880 of 1962 of that Court was maintainable in view of the provisions of the U. P. Act XIV of 1962 abolishing such appeals.
(2.) The said Act styled the U. P. High Court (Abolition of Letters Patent Appeals) Act came into force on 13th November, 1962. Section 3 of the Act provided as follows: "(1) No appeal, arising from a suit or proceeding instituted or commenced, whether prior or subsequent to the enforcement of this Act, shall lie to the High Court from a judgment and order of one Judge of the High Court, made in exercise of appellate jurisdiction in respect of a decree of order made by a Court subject to the superintendence of the High Court, anything to the contrary contained in clause 10 of the Letters Patent of Her Majesty, dated the 17th March, 1866 read with Cl. 17 of the U. P. High Court's (Amalgamation) Ordr, 1948, or in any law notwithstanding. (2) Notwithstanding anything contained in sub-section (1) all appeals pending before the High Court on the date immediately preceding the date of enforcement of this Act shall continue to lie and be heard and disposed of as heretobefore, as if this Act had not been brought into force".
(3.) The memorandum of appeal in Special Appeal No. 880 of 1962 was presented in the High Court on 9th November, 1962. There was some doubt as to whether the Court-fee paid in respect of the memorandum at the date of its presentment was sufficient. Ultimately however a Bench of the High Court directed the payment of additional court-fee and on that being done the memorandum was accepted and registered in January 1963. The question before us is whether there was an appeal pending before the High Court on 12th November, 1962, i.e., the date immediately preceding the date of enforcement of the above U. P. Act.;