JUDGMENT

1. On the 27th of October 1919 Sadiq Ali filed three Second appeals in this Court making Abdul Baqi Elian and Anwar Ali respondents. Abdul Baqi Khan died on the 30th of June 1920--when the Court re-opened on January 3rd, 1921 Sadiq Ali had that day, and that day only, upon which to take steps to get the heirs of Abdul Baqi Khan put on the record. Nothing was done on that day and thereupon the appeal automatically abated. On January 4th, 1921, an application was made that the Court should set aside, the abatement. That matter was heard by Mr. Jutice Tudball, who subsequently declined to set aside the order; and the parties come up herein appeal.

2. The first point which has been taken up by Mr. Iqbal Ahmad is that no appeal lies from the decision of Mr. Justice Tudball, and we propose to consider this matter first, because, if Mr. Iqbal Ahmad is right we cannot enquire into the merits of the case and see if Sadiq Ali in his application to Mr. Justice Tudball alleged and proved that he was prevented by any sufficient cause from continuing his suit.

3. Whether an appeal lies from the decision of Mr. Justice Tudball must depend upon the proper construction of Section 10 of the le