Govinda Menon, J.-This is an application for leave to appeal to the Supreme Court under Article 133 of the Constitution of India and sections 109 and 110 read with the rules under Order 45, Civil Procedure Code, against the order of this Court in C.M.A.No.332 of 1945.

E.P.No.90 of 1944 in O.S.No.14 of 1926 was dismissed by the Subordinate Judge of Devakottai on the ground that it was barred by limitation and in appeal against that order this Court found that the execution petition was in time and remanded the same to the Subordinate Judge to take steps in furtherance of execution. The only question that was decided by this Court is one of limitation and in that controversy the view taken was different from that of the Subordinate Judge.

A preliminary objection was taken that the Order of this Court is not a “final order” within the meaning of Article 133 of the Constitution of India and therefore even if we are convinced that the case is a fit one for appeal to the Supreme Court, no leave can be granted. It is undisputed that the amount or value of the subject-matter of the dispute in the Court of first instance and still in dispute on appeal was, and is not less than, Rs.20,000. Unl

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