Report No. 44
19. Recommendation to delete clauses (a) and (b) of Article 133(1).-
Having considered the various aspects of this problem, we are of the opinion that in civil proceedings in the High Court an appeal should be permitted to the Supreme Court only if the High Court considers the case fit for appeal, keeping intact, of course, the discretion of the Supreme Court to grant leave to appeal. We recommend that clauses (a) and (b) of Article 133(1) should be omitted and clause (1) of the Article amended1 to read as follows:-
"(1) An appeal shall lie to the Supreme Court from any judgment, decree or order in a civil proceeding of a High Court in the territory of India if the High Court certifies that the case is a fit one for appeal to the Supreme Court."
1. Consequential amendments will be necessary in the Code of Civil Procedure, 1908, particularly sections 109-110 and Order 45