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Report No. 45

2. Analysis of appealability under Article 133-Three broad tests.-

Before we proceed to indicate our views in the matter, we consider it convenient to deal in brief with the three tests of appealability in civil matters under Article 133(1) of the Constitution.

The main tests of appealability to the Supreme Court against judgments of the High Court in civil proceedings under Article 133 (as it now stands) may, in broad terms, be described as:-

(1) the test of valuation;1

(2) the test of valuation coupled with the test of substantial question of law;2

(3) the test of fitness for appeal to the Supreme Court. By judicial decisions, the last mentioned test has come to be regarded as a test requiring a question of wide public or private importance.3

1. Paras. 3, 4 and 5, infra.

2. Paras. 6 to 10, infra.

3. See paras. 11 to 15, infra.



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