Judgement

Petition for special leave to appeal from a decree (January 30, 1924) of the High Court in its appellate jurisdiction reversing a decree of Greaves J. whereby in a suit brought by the petitioner an award dated December 6, 1922, was set aside; and from an order (July 28, 1922) of the High Court in its appellate jurisdiction affirming an order of Ghose J. whereby a suit for damages brought by the petitioner was stayed.

The facts appear from the judgment of the Judicial Committee.

On May 5, 1924, an application by the petitioner to the High Court for a certificate that the case in

Law. Rep. 52 Ind. App. 207 ( 1924- 1925)

Udoychand Pannalal V. P. E. Guzdar 23

which the decree of 1924 had been made was a fit one for appeal to His Majesty in Council was dismissed.

The learned judges (Sanderson C.J. and Walmsley J.) said that the application could succeed only if the case came within the second paragraph of s. 110 of the Code of Civil Procedure, 1908; but, in their opinion, the petitioners claim in the suit of the contract was not " property " within the meaning of that section, and consequently the decree did not " involve, directly or indirectly, some claim or question to or res