MEGHJEE MANSING Vs. KALOORAM LACHMINARAIN

JUDGEMENT

(1.) This is an appeal by the plaintiff against an order of my learned brother, Mr. Justice Buckland, made on the 11 December, 1925.

(2.) The matter came before the learned Judge by means of a summons under Chap. XIIIA of the Killer of this Court on the Original Side. The learned Judge said that "this application must fail for the reason that there is no affidavit of any one who swears positively to the facts of the case. I have but to repeat what I have said often before that it does not suffice to refer to the plaint and say that the statements contained in it are true. The application is dismissed with costs."

(3.) On the opening of the appeal, the learned Advocate for the defendant took the point that no appeal would lie from the order of the learned Judge on the ground that it was not a judgment within the meaning of Clause 15 of the Letters Patent of this Court.