( 1 ) THE applicant filed a suit against the respondents for the recovery of Rs. 1,39,000 due on a promissory note. The trial court ordered to be recorded a compromise which the applicant contended had been arrived at between the parties during the pendency of the suit,, and it passed a decree in the terms of the compromise save with regard to one provision thereof. Two of the defendants appealed to this Court under Order XLIII, Rule 1 (m) C. P. C. against the order recording the compromise, and this Court by an order dated the 28th September, 1959, allowed the appeal and set aside the order of the trial court. The plaintiff then filed an application for a certificate under Article 133 (1) (a) of the Constitution and the Bench hearing the application has referred to this Court the following question.

"whether the order of this Court reversing the order of the trial court recording a compromise amounts to a judgment or final order within the meaning of these terms in Article 133 of the constitution. "

( 2 ) NOW this Court has held, and the same view has been taken by other High Courts in India that an order setting aside the order of a lower court directing that a compro