Finality requirement under Article 133 bars certificate of fitness where an ex parte decree is set aside and the suit is restored.

A certificate of fitness under Article 133 is available only from a judgment, decree, or final order that finally determines the rights of the parties. An order setting aside an ex parte decree and restoring a suit to the file leaves the litigation pending for further adjudication, so it lacks the finality required for such a certificate. The certificate was therefore incompetent and premature, and the appeal could not be maintained.

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Issues: Whether a certificate of fitness under Article 133 could be granted against an order restoring a suit to the file and setting aside an ex parte decree, when the suit remained pending and had not been finally adjudicated.

Analysis: An appeal by certificate lies only from a judgment, decree, or final order that puts an end to the litigation between the parties. An order setting aside an ex parte decree and restoring the suit leaves the suit alive for further proceedings and does not finally determine the rights in dispute. Such an order therefore lacks the finality required for a certificate of fitness.

Conclusion: The certificate was incompetent and premature, and the appeal could not be maintained.

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