KORAMALL RAMBULLOBH Vs. MUNGILAL DALIM CHAND

JUDGEMENT

(1.) In my judgment there is a right of appeal in this case, on the ground that the decision of my learned brother Mr. Justice Greaves was a judgment within the meaning of Clause 15 of the Letters Patent. The question before the learned judge was whether the plaintiff was entitled to have judgment for the sum of Rs. 9,535 odd on the state of the pleadings on the date of his application, and it is hardly necessary to point out that the alleged right might be a valuable right to the plaintiff, because if it were held by the learned Judge that the plaintiff was not entitled to the judgment for which he was asking on the state of the pleadings, it would mean that the plaintiff must wait at all events for a considerable time before be could get the judgment he was seeking : it might be months or concievably even as much as a year. Farther than that if it was held that the plaintiff was not entitled .to a judgment for the amount alleged to be admitted on the pleadings, he would have to go to the expense and trouble of a trial on the original side. There are other matters to which I need not refer, to show that the right which the plaintiff was asserting might be a valuable and important right. Under those circumstances, I think the decision of the learned Judge did affect the merits of the question which was before him, vie., whether the plaintiff was entitled to have an immediate judgment upon the pleadings or whether he should be com-pelled to go to trial in the ordinary way, the decision, in my opinion, was a judgment within the meaning of the clause and there is a right of appeal. Woodroffe, J.

(2.) I am also disposed to think that there is an appeal in this case. Sanderson, C.J.

(3.) This is an appeal from the judgment of my learned brother Mr. Justise Greaves.