The judgment establishes the right of appeal to the Federal Court when a High Court certifies that a case involves a substantial question of law as to the interpretation of the Government of India Act, 1935.

Alfred Henry Lionel Leach, C.J.

1. This is an application for leave to appeal to the Federal Court from an order of Wadsworth, J., which involves a substantial question of law as to the interpretation of the Government of India Act, 1935. The application is opposed and it is necessary to set out the course of events preceding the order of the learned Judge and to examine the provisions of the Act and the amendments which have been made to the Code of Civil Procedure by the Government of India (Adaptation of Indian Laws) Order, 1937.

2. On the 21st November, 1934, the petitioner obtained a money decree for Rs. 7,569-0-9 with interest and costs against the respondent in the Court of the Subordinate Judge of Coimbatore. At that time the Madras Agriculturists Relief Act had not been placed on the statute book. It came into force, however, on the 22nd March, 1938, and in accordance with its provisions the judgment-debtor applied for an order scaling down the decretal amount. His application was granted and as the result of the investigation it was found that taking into-account the scaling down provisions the debt had been completely discharged. Consequently the judgment-debtor applied to the Subordinate Judge for an order directing full satisfaction to be recorded and this application was granted. The petitioner then applied to this Court to revise the Subordinate Judges order on the ground that the Madras Agriculturists Relief Act was ultra vires the powers of the Provincial Legislature and to set aside the order for scaling down and the order directing satisfaction to be recorded.

3. The application for revision came before Wadsworth, J., on the 2nd May, 1939. By that time the question of the validity of the Madras Agriculturists Relief Act had been considered by a Full Bench of this Court in Mada Nagarathnam v. Puvvada Seshayya (1939) 1 M.L.J. 272 : I.L.R. (1939) Mad. 151 . The Full Bench held that the Act was intra vires the powers of the Provincial Legislature. As he was bound to do in the circumstances, Wadsworth, J., dismissed the revision petition, but as it involved an important question as to the interpretation of the Government of India Act, 1935, he granted a certificate under Section 205(1) of the Act. It is in respect of that order of dismissal that the petitioner wishes to appeal to the Federal Court. The respondent says there is no appeal from the order of a single Judge of a High Court and in this connection relies on the provisions of Section 111(a) of the Code of Civil Procedure. An examination of that section fails to reveal any support for the argument.

4. Section 205(1) of the Government of India Act reads as follows:

An appeal shall lie to the Federal Court from any judgment, decree or final order of a High Court in British India, if the High Court certifies that the case involves a substantial question of law as to the interpretation of this Act or any order in Council made thereunder, and it shall be the duty of every High Court in British India to consider in every case whether or not any such question is involved and of its own motion to give or to withhold a certificate accordingly.

(2) Where such a certificate is given, any party in the case may appeal to the Federal Court on the ground that any such question as aforesaid has been wrongly decided, and on any ground on which that party could have appealed without special leave to His Majesty in Council if no such certificate had been given, and, with the leave of the Federal Court, on any other ground, and no direct appeal shall lie to His Majesty in Council, either with or without special leave.

5. The effect of this section is this. Where a High Court has certified that a judgment, decree or final order passed by it involves a substantial question of law as to the interpretation of the Act, the dissatisfied party has the right of appeal to the Federal Court. If the case involves the amount of Rs. 10,000 or more and otherwise complies with the conditions