( 1 ) THIS is an application for a certificate under Article 133 (1) (b) of the Constitution for leave to appeal to the Supreme Court. The application out of which this present application for leave to appeal has been made was an application under Section 5 of the Limitation Act. 1963. for condonation of delay in filing the Memorandum of Appeal. The respondent in this application made an application for condonation of delay which was disposed of by a judgment and order dated May 23, 1972. condoning the delay in presenting the Memorandum of Appeal and extending the time to file the same. Being aggrieved by this judgment and order, the petitioner now seeks a certificate for leave to appeal to the Supreme Court. The Appeal Court in making the order of May 23, 1972 came to the conclusions that the respondent in his application for condonation of delay had made out sufficient grounds for condoning the delay in presenting the Memorandum of Appeal

( 2 ) THERE are two points involved In this application, namely, whether the order is a final order and whether the valuation test required by Article 133 (1) (b) of the Constitution is satisfied. Mr. Dipankar Ghose, Counsel for