Back
1922 Supreme(Lah) 57
Lahore High Court
Sir Shadi Lal, Fforder, JJ.
Nanak Chand & Ors. - Appellants
Versus
Sajjad Hussain & Ors. - Respondents
Decided On : 01-12-1922
JUDGMENT
1. This is an appeal under Clause 10 of the Letters Patent from an order made by a Single Judge rejecting an application for an order to set aside a dismissal of an appeal. The learned Counsel for the respondents raises a preliminary objection that the order in questian does not amount to a judgment under the Letters Patent and that no appeal lies from it. The objection is, in our opinion not well founded. The order satisfies the definition of the expression "Judgment" as laid down in Ruldu Singh v. Sawal Singh 1922 Lah. 380 and has been held to be appealable: Muthura Sundari Dassi v. Haran Chandra Shaha [1916] 43 Cal. 857--20 C.W.N. 594. We accordingly overrule the preliminarv objection. On the merits we consider that there is considerable force in the contention of the learned Counsel for the appellants that this was a fit case for setting aside the dismissal, but the question before us is not whether we would have accepted the application for an order to set aside the dismissal if it had been made to us in the first instance, but whether there is any adequate ground for interfering with the discretion of a learned Judge of this Court who has declined to grant the application. This question we must answer in the nagative. We accordingly dismiss the appeal with costs.
