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Judgment
1 paragraphs · 110 words
Blair and Burkitt, JJ.—We thoroughly concur in the reasoning which has induced the Calcutta High Court in Biru Mahata v. Shyama Churn Khawas ILR (1895) Cal. 483, and the Madras High Court in Mayan Pathuti v Pakuran ILR (1898) Mad. 347, to pass by the formal defect in bringing a suit instead of making an application u/s 244 of the Code of Civil Procedure, It seems to us a reasonable exercise of discretion and one which could do no injury to the parties. The appeal is decreed. The decree of the Lower Appellate Court is set aside, and that of the first Court is restored with costs in all Courts.