Subba Rao, J.-This is an application for leave to appeal to the Supreme Court. The judgment of the High Court was delivered on 1st December, 1948. On 19th April, 1949, the application for leave to appeal to the Federal Court was filed under sections 109, 110 and Order 45, rule 2, Civil Procedure Code, and section 3 of Act I of 1948. By the decree of the High Court, the judgment of the Subordinate Judge was reversed. Admittedly, the value of the subject-matter in the suit as well as on appeal to the Federal Court was more than Rs. 10,000. But for the Constitution of India, the applicant had a right to appeal to the Federal Court under sections 109 and 110, Civil Procedure Code, subject to a certificate under Order 45, Civil Procedure Code, to the effect that the requirements of section no were complied with. The learned counsel for the respondent based his objection mainly on the ground that as the subject-matter was below Rs. 20,000 no appeal lay to the Supreme Court under Article 17 of the Constitution of India (hereinafter referred to as the Constitution) The relevant provisions of the Code may be extracted:

“Section 109. Subject to such rules as ay, from time to time, be made by His Majesty in Council regarding appeals from the Courts of British India and to the provisions hereinafter contained, an appeal shall lie to His Majesty in Council-

(a) from any decree or final order passed on appeal by a High Court or by any other Court of final appellate jurisdiction;

(b) from any decree or final order passed by a High Court in the exercise of original civil jurisdiction; and

(c) from any decree or order, when the case, as hereinafter provided, is certified to be a fit one for appeal to His Majesty in Council.

Section 110. In each of the cases mentioned in clauses (a) and (b) of section 109 the amount or value of the subject-matter of the suit in the Court of first instance must be ten thousand rupees or upwards, and the amount or value of the subject-matter in dispute on appeal to His Majesty in Council must be the same sum or upwards,

or, the decree or final order must involve, directly or indirectly, some claim or question to or respecting property of like amount or value,

and where the decree or final order appealed from affirms the decision of the Court immediately below the Court passing such a decree or final order, the appeal must involve some substantial question of law.

Order XLV, rule 3: (1) Every petition shall state the grounds of appeal and pray for a certificate either that, as regards amount or value and nature, the case fulfils the requirements of section no, or that it is otherwise a fit one for appeal to His”Majesty in Council.

(2) Upon receipt of such petition, the Court shall direct notice to be served on the opposite party to show cause why the said certificate should not be granted.

Rule 6. Where such certificate is refused, the petition shall be dismissed.

Rule 8. Where such security has been furnished and deposit made to the satisfaction of the Court, the Court shall-

(a) declare the appeal admitted,

(b) give notice thereof to the respondent,

(c) transmit to His Majesty in Council under the seal of the Court a correct copy of the said record, except as aforesaid, and

(d) give to either party one or more authenticated copies of any of the papers in the suit on his applying therefor and paying the reasonable expenses incurred in preparing them.“

The relevant provisions from the Constitution are extracted below:-

"Article 132. (1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies that the case involves a substantial question of law as to the interpretation of this Constitution.

(2) Where the High Court has refused to give such a certificate, the Supreme Court may, if it is satisfied that the case involves a substantial question of law as to the interpretation of this Consti

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