Judgement

Consolidated Appeals (Nos. 19 and 20 of 1928) from an order of the Court of the Judicial Commissioner of the North-West Frontier Province (May 7, 1925) setting aside a decree of the Honorary Subordinate Judge of Dara Ismail Khan (March 24, 1924).

The decree of the Court of first instance was a final decree made on taking accounts of a partnership. By the order now appealed from the Court of the Judicial Commissioner set aside the decree and remanded the case for a fresh trial on the merits, but ordered that the present appellants should not have a decree in their favour even if anything were found to be due to them respectively from the first respondent on taking the accounts. The present appeals were limited to the latter part of the above order, which resulted from the learned Judicial Commissioners view that the memorandum of appeal filed by the present appellants was insufficiently stamped to entitle them to more than a reversal of the decree against them, and that as the time for appealing had then expired the appeals were barred by limitation so far as they claimed further relief.

1929. Feb. 25. De Gruyther K.C. and Parikh for the appellants. The Court Fees Act, 187