Summary dismissal of a writ petition is not affirmance and does not bar a certificate where merits were not decided.

A summary dismissal in limine of a writ petition under Article 226 or Article 227 is not a judgment of affirmance because it reflects only a refusal to exercise jurisdiction and not a decision on the merits. The Supreme Court note states that such proceedings are not appeals, and the principles applicable to dismissals for non-prosecution or incompetence support the same conclusion. On that basis, the High Court's summary order did not bar a certificate under Article 133(1)(a), and the certificate was competent where no reasoned adjudication on merits had been rendered.

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Issues: Whether dismissal in limine of a petition under Article 226 or Article 227 of the Constitution is a judgment of affirmance for the purpose of Article 133(1)(a) of the Constitution, and whether the certificate granted by the High Court was competent.

Analysis: An order amounts to affirmance only where the superior court has applied its mind to the merits and upheld the decision below. A summary dismissal of a writ petition in limine is merely a refusal to exercise jurisdiction and is not a decision on appeal or an affirming judgment. The proceeding under Article 226 or Article 227 is not an appeal, and the principles governing appeals dismissed for non-prosecution or as incompetent support the view that such a dismissal does not amount to affirmance. Since Article 133 is not controlled by the appellate provisions of the Code of Civil Procedure, the High Court order, though summary, was a final order in a civil proceeding and did not bar a certificate.

Conclusion: The certificate under Article 133(1)(a) was competent, and the preliminary objection failed.

Final Conclusion: The writ petition had been dismissed without a reasoned adjudication on merits, so the matter was sent back to the High Court for fresh disposal by a speaking order.

Ratio Decidendi: A summary dismissal of a writ petition in limine under Article 226 or Article 227 is not a judgment of affirmance and does not preclude a certificate under Article 133(1)(a) where no merits decision has been rendered.

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