Report No. 45
11. Test of fitness for appeal to the Supreme Court.-
The third and last test is of fitness for appeal to the Supreme Court. In its very nature, no precise rules can be formulated as to the scope and ambit of this test as it is now expressed. It was with reference to the corresponding clause in the Code of Civil Procedure of 18821 that Lord Hobhouse made the following observation:-
"That it is clearly intended to meet special cases-such, for example, as those in which the point of dispute is not measurable by money, though it may be of great public or private importance."2
A mere substantial question of law arising between the parties is not, sufficient for the purpose.3
A question cannot for this purpose be said to be of public importance unless it is such as would arise frequently for decision, and affect many parties in litigation.4 Further, a question which has been settled by the highest authority is not one which can be certified under this clause.5
1. Section 596, Code of Civil Procedure, 1882.
2. Banarasi Prasad v. Kashi Krishna, (1901) 28 IA 11 (13): ILR 23 All 227 (PC).
3. (a) lqbal Bahadury v. Ram Sree (Mt.), AIR 1934 All 58 (60);
(b) Govind v. Indravati (Mt.), AIR 1950 All 38;
(c) Sein Htaung v. V.E.A. Chettyar Fir, AIR 1936 Rang 65 (66).
4. Ruchcha Sai Kiwar v. Hansrain, AIR 1928 All 220.
5. Muhammad Hussain v. Ganga Naicken, AIR 1963 Mad 223.