JUDGMENT

Lancelot Sanderson, C.J. - This is an appeal from the judgment of my learned brother Mr. Justine Greaves. I think, I may say at once that the judgment, judging from the terms of it, must have been given under some misapprehension, because the learned Judge seems to have bean under the impression that there was an order dismissing the plaintiff's suit. He says in the first paragraph of his judgment: "This is an application that the Receiver may be substituted as plaintiff in the records of the suit and that the order dismissing the suit and the decree dated the 23rd May 1919 may be set aside except as relates to the direction as to payment of the costs of Babu Pannalal Day and that the suit may be restored." Later on, towards the end of his judgment he says again: "The suit has, however, already been dismissed and although I accept Nilkanta Ghose's statement that he did not know of the existence of the suit until after the decree" and so on. I do not think it is the learned Judge's fault. He evidently based his judgment upon the form of the application which was, that the order of dismissal, and the decree, dated the 23rd of May 1919, may be set aside except as it relates to