JUDGMENT

Bennet, J. - This is an execution first appeal by the Secretary of State for India in Council judgment-debtor. The facts are that the opposite party is a decree-holder in a suit which was brought for Rs. 7,000 damages on account of physical injury sustained by the opposite party when driving a motor lorry on a level crossing and colliding with an express train. The decree in question was passed by a Subordinate Judge. It was within the jurisdiction of the Subordinate Judge to award damages for the injury, etc., which the plaintiff had suffered up to date and it was also within the jurisdiction of the trial Court to pass a decree for prospective damages, i.e., damages which would include probable and future injury which would result to the plaintiff from the wrong act of the defendant. It is laid down in Underbill's Law of Torts, 3rd (Indian) Edition, in Article 38, "Prospective Damages," p. 115, that more than one action will not lie on the same cause of action and therefore prospective damages must be ascertained and awarded at the time of the trial. The trial Court however did not comply with this provision of law and instead of granting prospective damages the trial Cour