TOREMULL DILSOOK ROY Vs. KUNJ LALL MANOHAR DASS

JUDGEMENT

(1.) THIS is an appeal from an interlocutory order made by my learned brother Mr. Justice Greaves. An application was made on behalf of the defendants that a commission should issue for the examination of two gentlemen whose evidence the defendants desired to place before the Court. The learned Judge refused the application. In our judgment, there is no appeal from this order: it is not a "judgment" within the meaning of Clause 15 of the Letters Patent. I think it is right to add that we would have dismissed the appeal on the merits, because the applicant has not put materials before the Court sufficient to satisfy us that the presence at the trial of these gentlemen cannot be obtained by the defendants.

(2.) THE result is that this appeal is dismissed with costs.