JUGAL KISSORE Vs. SEWMUK ROY

JUDGEMENT

(1.) I think that the preliminary objection must prevail. It is very important that in cases of this class, that is of a reference from the Small Cause Court to this Court, that the provisions of the statute which governs the matter should be strictly complied with.

(2.) The judgment in this case was given on the 28 of May 1900. It was a judgment contingent upon the opinion of this Court, and it was submitted to the Court upon a reference under Section 70 of the Act (Act XV of 1882).

(3.) Section 70 says, that "when judgment is given under Section 69, contingent upon the opinion of the High Court, the party against whom such judgment is given shall at once furnish security to be approved by the Small Cause Court for the costs of the reference and for the amount of such judgment," and then the section goes on to say, that "unless such security is at once furnished the party against whom such contingent judgment has been given shall be deemed to have submitted to the same."