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Report No. 45

21. Further limitation necessary as regards the third test-Question involved must be one of law.-

After careful consideration of the problem, we have come to the conclusion that we should also recommend one more limitation with reference to the third test of appealability, which is concerned with the grant of a certificate of fitness. In our view, there ought to be some limitations as to the cases in which the certificate of fitness could be granted. In the first place, the grant of a certificate should be ruled out where the questions involved are not of law. So far as questions of fact are concerned, the judgment, decree or final order of the High Court should be final-except, of course, in those exceptional cases where the Supreme Court chooses to intervene under Article 136.

Secondly, it is not enough that a question of law is involved. It should also be a condition precedent to the grant of a certificate of fitness that the question of law must be of a nature or magnitude which justifies recourse to the highest judicial organ of the country.

Civil Appeals to The Supreme court on a Certificate of Fitness Back

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