( 1 ) THIS appeal No. 156 of 1964 is from an order of Mallick, J. dated the 26th May 1964 refusing an application for trial of certain issues arising in the suit as preliminary issues and for examination of certain witnesses de bene esse in respect of such preliminary issues.

( 2 ) THE suit out of which the application for trial of issues as preliminary issues arises was instituted by the plaintiffs-respondents on or about the 30th October 1961 for recovery of a sum of Rs. 8,42,500 for damages, interest and costs against the appellant Royal Nepal Airline Corporation. The cause of action as stated in the plaint is in substance as follows:- The defendant is a Corporation incorporated under the laws of Nepal having its Head-Office al Kathmandu, Nepal and it carries on business inter alia at No. 42 Chowringhee Road, Calcutta, within the jurisdiction of this Court. One Meher Singh Legha was at all material times employed as an Aircraft Pilot by and under the defendant on a basic salary of Rs. 1,800 per month. Efficiency Allowance Rs. 200 per month and Nepal Allowance Rs. 500 per month aggregating to Rs. 2,500 per month besides Overtime Allowance at rates mentioned in the let