The Officiating Chief Justice.- A preliminary objection is taken by Mr. G. Ramakrishna Aiyar on behalf of the respondent to the maintainability of this Letters Patent Appeal. In an appeal against a decree of the learned City Civil Judge in O.S. No. 478 of 1944, which was for recovery of damages for breach of contract Chandrasekhara Aiyar, J., directed the trial Court to take fresh evidence that may be adduced by the parties on issue 7 in the case as regards the difference in the price of the goods on the date of receipt and the date of delivery and send up its findings on the evidence so recorded.

It was contended by Mr. Ahmed Meeran for the appellants that the appeal is competent because the learned Judge had decided that the plaintiff would be entitled to damages for breach of warranty and has only called for a finding to enable him to pass a decree and that that part of the learned Judge’s order which decided his liability was a judgment within clause 15 of the Letters Patent and an appeal was therefore competent. He even went to the length of contending that if he did not come up in appeal against the order at this stage he would be precluded hereafter from challenging the corre

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