Judgment

HIDAYATULLAH, C.J.I. : - The appellants before us who come by way of certificate from the High Court seek stay of a suit which has been restored to file by the High Court. At the very start we put to the counsel how certificate could have been granted in this case when the judgment and order of the High Court were not final. The counsel brought to our notice the case of Ramesh v. Gendalal Motilal Patni, AIR 1966 SC 1445 and says that his case is covered by this ruling. That was a case in which the only question to be considered was whether Article 133 of the Constitution was applicable in the two cases decided when the claim in the original suit or appeal to this Court was above Rs. 20,000/-. This particular question was not before the Court at all. Indeed, the Constitution contemplates the filing of an appeal by certificate only against a judgment, decree or final order of the High Court. It does not contemplate bringing an appeal in a suit which is still a live suit and in which further proceedings are to be taken. This has been the consistent view not only of this Court but also of the Privy Council. The leading case from the Privy Council is V. M. Abdul Rahman v .D. K.