I.D.Dua, J.

1. This is an application under Art. 133 of the Constitution of India read with sections 109 and 110 and Order 45, Code of Civil Procedure, for leave to appeal to the Supreme Court.

2. In a suit brought by Sodhi Sukhdev Singh against the State of Punjab the plaintiff summoned a number of documents from the defendant in respect of which privilege was claimed. The trial Court upheld the privilege, but on revision we varied the order of the trial Court with respect to some of the documents. With respect to those document also it was expressly mentioned in the order passed by us that the question of their relevancy, if permissible under the law, was open to be raised by the Department in the trial Court.

3. It has been frankly--and in our opinion rightly--conceded by Dewan Chetan Das Assistant Advocate-General that the order against which certificate of fitness for leave to appeal to the Supreme Court is sought is not a final order within the contemplation of Article 133 of the Constitution. He has, however, contended that our decision would certainly be a judgment and, therefore, it is competent for the Court to certify it to be a fit case for appeal to the Supreme