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Issues: Whether documents such as vakalaths, miscellaneous petitions and copy applications filed after commencement of the new court-fees enactment in appeals arising from suits instituted earlier are governed by the old court-fees laws or the new Act.
Analysis: Section 87(2) provided that all suits and proceedings instituted before commencement, and all proceedings by way of appeal, revision or otherwise arising therefrom, whether instituted before or after commencement, were to be governed by the repealed laws. The expression "proceedings" was read in its accepted legal sense to include documents filed in Court. The phrase "otherwise arising therefrom" was construed in the setting of the provision by applying accepted canons of interpretation, but not so narrowly as to make the words redundant. The Court also relied on the legislative pattern of the corresponding Madras provision and the prior judicial understanding of the same language to ascertain the intended breadth of the exemption from the new Act.
Conclusion: Such vakalaths, miscellaneous petitions and copy applications in appeals arising from suits instituted before commencement were held to fall under the old court-fees enactments, not the new Act.