KAPURJI MAGNIRAM Vs. PANNAJI DEBICHAND

JUDGEMENT

(1.) This is an application for leave to appeal to the Privy Council against the judgment dated August 7, 1928, of Mr. Justice Fawcett and Mr. Justice Murphy. Mr. Justice Fawcett at the present time is on deputation, and accordingly he is unable to hear the present application.

(2.) As a result of that judgment, this appellate Court varied the decree of the lower Court to a certain extent in favour of the plaintiff and this resulted in the finding of a sum of Rs. 2,488 due by the defendants to the plaintiff at the date of the suit. The plaintiff, who is the appellant, is however dissatisfied with decision. He wants to appeal to their Lordships against one item which was decided against him, viz., an havala item of Rs. 18,000 referred to in his memorandum of appeal.

(3.) Now as regards that item both the Courts below were in agreement, and accordingly it is clear that the appeal to the Privy Council, if allowed, would be merely, so far as the plaintiff is concerned, with reference to the havala item of Rs. 18,000, It would also be clear that as regards that item both Courts below were agreed. Under these circumstances, we think that on the true construction of Section 110 of the Civil Procedure Code, it is necessary that as the decree appealed from affirmed the decision of the Court below, on this item, the appeal must involve some substantial question of law before it can be admitted.