V.Ramaswami, J.

1. This application is made on behalf of the petitioner Budhi Nath Jha for grant of a certificate to appeal to the Supreme Court from a judgment of the High Court in Miscellaneous Judicial Case No. 606 of 1957, dated the 13th February, 1958, by which the order of the Election Tribunal, Santal Parganas, dated the 19th September, 1957, was set aside under the provisions of Article 227 of the Constitution and it was further ordered that the election petition filed by Sri Budhi Nath Jha should be dismissed for non-compliance of the provisions of Sec.117 of the Representation of the People Act.

2. It was argued on behalf of the petitioner that leave should be granted under Article 133 of the Constitution because the subject-matter of the dispute is valued at more than Rs. 20,000/-. On behalf of the opposite party it was, however, submitted that the proceeding in the High Court under Article 226 of the Constitution was not a "civil proceeding within the meaning of Article 133 of the Constitution, and in support of this proposition reliance was placed on the Full Bench decision of this High Court in Collector of Monghyr V/s. Pratap Singh Bahadur, AIR 1957 Pat 102.