Judgement

Appeal from a judgment and decree of the High Court (November 6, 1914) reversing the judgment of Blakewell J. at the trial.

The appellant, who was a merchant in London, brought an action in the Kings Bench Division of the High Court of Justice in England to recover from the defendant, who resided at Madras, 4251. 17 s. 2d., being the difference between the amount of bills drawn upon the appellant by a firm in which he alleged that the respondent was a partner and the value of the goods against which the bills were drawn. Leave was obtained to serve the writ out of the jurisdiction under the Rules of the Supreme Court, Order xi., r. 1 (e). The respondent entered an appearance under protest and took proceed ings to set aside the writ and service, but his objection was disallowed by the Court of Appeal see [ 1912] 1

K. B. 215. He subsequently delivered a defence, and on February 11, 1913, was ordered to answer certain interrogatories. He failed to comply with that order, and the judge at chambers consequently made an order on May 5, 1913, that his defence should be struck out, and that the plaintiff (appellant) should be at liberty to sign judgment for the amount claimed and