Report No. 45

19. Some guidelines of fitness for appeal.-

Some of the guidelines adopted in determining if the case is a fit one to be certified under clause (c) of section 109, Civil Procedure Code which corresponds to Article 133(1)(c) are-

(a) the case is likely to affect numerous cases of a like nature;1 or

(b) the point is of such a nature that a decision thereon might result in a precedent governing numerous cases, e.g., suits for arrears of rent,2 or may affect several properties;3

(c) there are other exceptional circumstances justifying the grant of a certificate.

It is needless to repeat that these situations are mentioned here only to illustrate what cases are likely to be regarded as fit for appeal to the Supreme Court.

1. Gotan Lime Syndicate v. Income-Tax Commissioner, AIR 1964 Raj 277 (278, 279), paras. 4¬5 (reviews case-law).

2. Gulab Bai v. Manchoo, AIR 1953 Raj 242 (245), para. 18 (Wanchoo, C.J., Ranawat and Sharma, JJ.) (Question whether decision of court of lower jurisdiction will be res judicata in second suit triable by higher court by virtue of accumulation of arrears of rent,-case held to be fit for appeal because suits for arrears of rent were common).

3. Gangaram v. Bapuji, AIR 1943 Nag 76 (77).