MISHRA, J.

1. A Judgment by a learned single Judge of this court on two preliminary issues on which the defendant appellant objected to the maintainability of the suit has been challenged before us in appeal under Clause 15 of the Letters Patent of this court. The first of the two has been that the suit claim made up of three items consisting respectively of Rs. 49,106.84, 28,434.91 and 35,581.55, and making a total of Rs. 1,13,123.30 has been sought to be maintained on the original side of this court by the plaintiff, avoiding the institution of three different suit all falling beneath the pecuniary jurisdiction of this court, and the second has been that the suit made of three items aforementioned is barred by limitation. Learned single Judge, however, has made a reference to Clause 14 of the Letters Patent, which is a prescription as to joinder of several causes of action, and held on the first point as follows:

“The above clause in the Letters Patent was prayed at a time when there was separate Code of Civil Procedure for the High Court. Thereafter a common Code of Civil Procedure has been evolved for all the courts and that Code of Civil Procedure as it stands now rea