SARUPCHAND HUKUMCHAND Vs. MADHORAM RAGHUMALL

JUDGEMENT

(1.) This is an application to vacate an order made on the 14 December last dismissing a suit for default under Chap. X, Rule 36 of the rules of this Court in its original jurisdiction.

(2.) Before dealing with the facts I will refer briefly to the point taken on behalf of the defendants that I have no jurisdiction to entertain the application on the ground that, though a Judge ordinarily may re-hear and vacate an order made by him before it is drawn up and filed so as to become effective, he cannot do so with reference to an order of dismissal. The general principle is well established.

(3.) I have been referred to In re Suffield and Watts (1888) 20 Q.B.D. 693, in which Lord Justice Fry enunciated the principle that when an order has not been perfected the Judge has power of re-considering the matter, but once completed his jurisdiction has come to an end. I myself have already had occasion to consider the principle and apply it, and I am informed that many of my learned brethren in unreported cases have done the same. I thought there was no doubt about it, until learned Counsel contended that though the rule generally might be as stated, yet it did not apply where the suit had been dismissed. In support of this he has referred me to certain authorities, but from them it does not appear whether or not in all the order had been perfected.