Harries, C.J:— In this case it is conceded that the value of the suit and the value of the appeal exceed Rs. 10,000. The appeal was allowed in part and portion of the decree of the trial Court was vacated.
2. In these circumstances it appears to us that the decree of this Court is not a decree of affirmance but is a decree varying the decree of the Court below.
3. That being so the appellants are entitled as of right to a certificate and accordingly we grant leave to appeal and grant a certificate under Section 110 of the CPC.
4. Costs of this application will be costs in the appeal the hearing fee being assessed at two gold mohurs.
5. Let the supplementary affidavit filed in Court today be kept on the record.
Banerjee, J.:— I agree.
V.R.B
6. Leave granted.