S. K. MUKHERJEA, J.

( 1 ) THIS is an application for grant of a certificate under Articles 133 (1) (a) and 133 (1) (c) of the Constitution for appeal to the Supreme Court. The order of the appellate Court is an order of dismissal of an appeal from an order made by a learned single Judge by which his Lordship corrected an earlier order he had made. The order as corrected reads : "leave is granted to the petitioner to withdraw this suit with liberty to file a fresh suit on the same cause of action. . . . . . . . . . . . . . and it is further ordered that the plaintiff company do pay to the defendant company its costs of and incidental to this application assessed at Rs. 170/- and this Court doth certify that this is a fit application for employment of advocate. "

( 2 ) AS by the order leave was given to withdraw the suit and nothing further remained to be done by the Court in the matter, we are of opinion that the order is a final order.

( 3 ) THE next question which arises is whether the order and judgment of the appellate Court is an order and judgment of affirmance. The order is an order of dismissal, of the appeal on merits. In our opinion, by the order of dismissal, the decisi

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