Certificate for Privy Council appeal depends on a substantial question of law despite limitation objections

A certificate for appeal to the Privy Council under Section 109 of the Civil Procedure Code was available where the decree was treated as one of affirmance and the appeal raised a substantial question of law. The monetary claim threshold was noted, but the decisive requirement was the existence of a substantial question of law. Objections based on limitation and the procedure for obtaining a copy of the order were considered and did not prevent grant of the certificate on the facts.

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Issues: Whether the defendant was entitled to a certificate for appeal to the Privy Council under Section 109 of the Civil Procedure Code on the ground that the decree involved a claim of Rs. 10,000 and a substantial question of law.

Analysis: The decree sought to be appealed from was treated as one of affirmance, and the only live requirement was whether the appeal involved a substantial question of law. The objection based on limitation and the procedure for obtaining a copy of the order was considered, but the Court accepted that, on the facts, a certificate should be granted.

Conclusion: The defendant was entitled to the certificate for appeal.

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