Wanchoo, C.J.—The following two questions have been referred to this Full Bench for decision—

(1) Whether in a case which involves a question of great public or private importance certificate for leave to appeal under Art. 133 (1) (c) of the Constitution of India and sec. 109 (c) of the Civil Procedure Code can be given, even though the valuation is less than that prescribed by clauses (a) and (b) of Art. 133 (1) of the Constitution of India and sec. 110 of the Civil Procedure Code and the point in dispute is measurable by money?

(2) Whether a decision on the point of res judicata when there are different views of different High Courts on the points can be said to raise questions of great public and private importance?

2. The facts, which have led to this reference, may be briefly narrated. A suit was filed by Manphul Bai against Ladhuram and Gulab Bai in the court of the Civil Judge, Jaipur City, for ejectment and arrears of rent on the basis of rent note executed by Laduram. Gulab Bai was made a party on the ground that she claimed proprietory rights in the house, but no relief was asked against her. The suit was contested on various grounds and was decreed by the trial court. There

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