Judgement

Appeal by special leave from a judgment and decree of the High Court (November 4, 1908) dismissing an appeal from a decree of the additional Subordinate Judge of Tanjore.

The suit was instituted by the first respondent against the appellant and other persons who were joined as respondents to the appeal to the High Court and in the present appeal. The claim was in respect of the estate of the Zamindar of Sillatur, deceased.

The facts material to the question of practice, which alone was argued before the Board and is the subject of the judgment of their Lordships, appear from that judgment.

1917. Oct. 16, 17, 18. Sir Erle Richards, K.C., and Kenworthy Brown, for the appellant. There was no power in the High Court to reconsider the order admitting the appeal. The order was properly made by

Law Rep. 45 Ind. App. 25 ( 1917- 1918) Krishnasami Pandikondar V. Ramasami Chettiar

a single judge under the Rules of the Madras High Court, 1905, r. 1 (1.) (6). The respondents must have had notice of the order, since they filed evidence controverting the affidavit upon which the order was made. The respondents proper remedy was by an application under s. 623 of the Code of Civil Procedu