Ramesam, J.

1. This is an application for leave to appeal to His Majesty in Council against the judgment and decree of this Court in Appeal No. 311 of 1923. We are under the disadvantage of not being the Judges who disposed of the case. The petition happens to be posted before us as the learned Judges who disposed of the appeal have now ceased to be Judges of this Court. On this ground we have had a fuller argument than usual on the facts of the case, but this was only for the purpose of making up our minds as to whether there is a substantial question of law The value of the subject-matter of the suit in the Court of first instance is Rs. 12,000 and the value of the subject-matter in the appeal to His Majesty in Council would also be the same amount unless we can come to the conclusion that there is no substantial question of law in respect of a portion of the appeal. As the judgment of this Court is a confirming judgment, the main point for our decision is whether there is a substantial question of law within the meaning of Section 110, Civil P.C., and for this purpose I proceed to state the main facts and the matter in controversy between the parties.

2. The suit was filed