JUDGMENT - Chagla, C.J.

(1) This is an application for leave to appeal to the Supreme Court. The trial Court dismissed the plaintiffs suit and this Court in appeal set aside the decree of the trial Court and passed a decree in favour of the plaintiff. We sent down an issue to the trial Court to determine the value of the subject-matter of the suit, both at the time the suit was filed and also at the time of the passing of the decree in appeal, and the finding has been now returned to us. The finding is that the value of the subject-matter was between Rs. 11,000 and Rs. 13,000 both at the time of the filing of the suit and also at the time of the passing of the decree in appeal. The finding has not been challenged by Mr. Chandrachud, but his contention is that looking to the provisions of the Constitution the petitioner has no right of sp-peal to the Supreme Court.

(2) Under Article 133(1) of the Constitution,

"An appeal shall lie to the Supreme Court from any judgment, decree, or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies--

(a) that the amount or value of the subject-matter of the dispute in the Court of first instance and s

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