Mahboob Bi (Dead) Vs. Sherifabi and ors. - Court Judgment
|Judge||John Wallis, C.J. and ;Napier, J.|
|Appellant||Mahboob Bi (Dead)|
|Respondent||Sherifabi and ors.|
|Cases Referred|| and Preston Banking Co. v. Allsup|
high court, original side - practice--minutes, modification of, before formal order drawn up--jurisdiction of court. - 1. at the time mr justice kamaraswami sistri passed his present order, no formal order had been drawn up on the minutes of his previous order, and we think that, as a judge sitting on the original side of the court, he had jurisdiction to modify the minutes before the formal order was drawn up. see in re suffield and watts, ex parte brown (1888) 20 q.b.d. 693 : 5 morrell 83 and preston banking co. v. allsup (1895) 1 ch. 141.2. the appeal is dismissed.
1. At the time Mr Justice Kamaraswami Sistri passed his present order, no formal order had been drawn up on the minutes of his previous order, and we think that, as a Judge sitting on the Original Side of the Court, he had jurisdiction to modify the minutes before the formal order was drawn up. See In re Suffield and Watts, Ex parte Brown (1888) 20 Q.B.D. 693 : 5 Morrell 83 and Preston Banking Co. v. Allsup (1895) 1 Ch. 141.
2. The appeal is dismissed.