Report No. 45

5. Decision of the Supreme Court on Article 133(1)(a) and (b).-

The Supreme Court has explained the scope of clauses (a) and (b) of Article 133(1) as follows1:-

Under clause (a), what is decisive is the amount or value of the subject-matter in the court of first instance and 'still in dispute' in appeal to the Supreme Court. Under clause (b), it is the amount or value of the property respecting which a claim or question is involved in the judgment sought t9 be appealed from. The word 'property' includes 'money'. But the property in respect of which the appeal arises must be property in addition to, or other than, the subject-matter of the dispute.

If, in a proposed appeal, there is no claim or question raised respecting property other than the subject-matter, clause (a) will apply, if there is involved in appeal a claim or question respecting property of an amount or value not less than Rs. 20,000 in addition to or other than the subject-matter of the dispute, then clause (b) will apply.

1. Shan Pannalal Chandulal, AIR 1965 SC 1440 (1441, 1442): (1965) 2 SCR 751.