Judgement Leave to appeal to His Majesty in Council in the above-named appeal having already been granted in India, special leave to cross-appeal in respect of costs and interest was given on July 25, 1947, when the appeal and cross-appeal were ordered to be consolidated. No steps having been taken before the appointed day (February 1, 1948) named in the Federal Court (Enlargement of Jurisdiction) Act, 1948, passed by the legislature of India, to transmit the Record in the main appeal to His Majesty in Council, the .main appeal to the Board had accordingly been abrogated and, as provided by the Act, was to be heard by the Federal Court. On a motion for directions, it was contended that the effect of the consolidation was to turn the appeal and the cross-appeal into one appeal, that the cross-appeal, which was by special leave, was saved by s. 7 of the Act of 1948, which provided that nothing should be done which would in any way interfere with the exercise of the prerogative which had taken place before the passing of the Act, and that therefore the Board had seizin of the whole matter—the main appeal and the cross-appeal—which it should proceed to hear. If the contrary was held, it was said, the special leave to cross-appeal which had been granted would be rendered nugatory. The Board held that the main appeal had not acquired the special character so as to be saved by s. 7 of the Act of 1948, and that they had therefore no jurisdiction to hear it. With regard to the cross-appeal, the Board held that it must take its ordinary course, but that the order previously made would be varied so that there would no longer be a consolidation. There would have to be a formal petition to vary the Order in Council granting special leave to cross-appeal.