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1925 Supreme(Oudh) 35
HIGH COURT OF OUDH
Jang Bahadur - Appellant
Versus
Bank Of Upper India, Ltd , Lucknow In Liquidation - Respondent
Decided On : 08-05-1925
JUDGMENT
1. This is an application for leave to appeal to His Majesty in Council. It satisfies the rule about valuation because the valuation is over Rs. 10,000 The decree of this Court, however, affirmed the decree of the Court of first instance and, therefore, it is necessary to inquire whether any point of law of general importance is involved or not. We are of opinion that such a point of law is involved. The question is whether an application made for substitution to a Court to which execution was transferred was according to law. It is urged on behalf of the appellant that the application should have been made to the Court which passed the decree. It appears from the judgment of the Bench of this Court that the appellant is trying to take advantage of a legal quibble to escape his liability to pay a decretal amount. At the same time, we think that an important question of law of the execution of a decree is involved in this appeal and that leave should be granted.
2. We, therefore, grant the leave applied for. No order is made as to costs.
