In our opinion,where the facts justify a party in filing an application either u/art.226 or 227 of the Constitution,and the party chooses to file his application under both these articles,in fairness and justice to such party and in order not to deprive him of the valuable right of appeal the court ought to treat the application as being made under Article 226,and if in deciding the matter,in the final order the court gives ancillary directions which may pertain to Article 227,this ought not to be held to deprive a party of the right of appeal under cl.15 of the Letters Patent where the substantial part of the order sought to ^*296be appealed against is u