JUDGMENT

Lancelot Sanderson, C.J. - This is an appeal from the judgment of my learned brother Mr. Justice Pearson, whereby he get aside the abatement of a suit and directed that the record be amended by substituting Sarat Chandra Sarkar for the original defendant, Jadu Nath Sarkar, who has died. The learned Counsel, Mr. Langford James, took a preliminary objection that there was no right of appeal in respect of this judgment, but our attention was drawn to an unreported decision of this Court in Padmabati v. Tulsi Munjuri Debi (Appeal No. 16 of 1918, decided on the 18th June 1918) to which I was a party, the actual decision being given by my learned brother, Mr. Justice Woodroffe, and when Mr. Langford James had read that decision, he agreed that he could not further contend that there was no right of appeal.

2. This case is one which I hope is out of the ordinary; and, in order to substantiate that remark, it is necessary for me to refer to some material dates The suit was filed on the 1st of September 1916--we were informed that it was a suit to recover a sum of about Rs. 1,900 which is alleged to have been due to the plaintiffs in respect of goods sold and delivered. The suit was