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

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