Kapur, J.

1. In these two cases (Civil Miscellaneous No. 194-C of 1935 and Supreme Court Appeal No. 2 of 1956) certain questions of law have been referred to a Full Bench by two different Division Benches. In Civil Miscellaneous No. 194-C of 1955 the following question has been referred--

"When the High Court refuses to issue a writ under Article 226 of the Constitution, does the order of the High Court amount to a judgment or a final order within the meaning of Article 133 of the Constitution and does an appeal lie to the Supreme Court under Article 133(1) (a) or 133 (1)(b) provided the subject-matter of the appeal is worth Rs. 20,000/- or more?"

In the Supreme Court Appeal No. 2 of 1956 the two questions which have been referred are--

(1) Whether an order passed by this Court de-clining to issue a writ under Article 226 of the Constitution can be regarded as a judgment, decree or final order within the, meaning of Article 133? and

(2) Whether the proceeding in which such an order is passed can be regarded as a civil proceeding within the meaning of the said Article. The former case arises out of proceedings before the Deputy Custodian-General before whom the disputants we