Baldeo Sahai vs Harbans and Another

H.G. Richards, C.J. and Banerji, J.—On the first issue referred to the court below, the finding of that court is against the plaintiff appellant. An exception has been taken to that finding, but the objection raises questions of fact which cannot be determined in second appeal. The learned counsel for the appellant asks us to reconsider the order by which we referred issues to the court below. Even if we had power to do so, we are not inclined to re-open the questions, which were fully discussed and considered, and in regard to which a decision was come to as a result of such consideration. We may also observe that we see no reason for thinking that the decision arrived at, to which one of us was a party, was incorrect. In view of the finding of the court below on the first issue referred the appeal must fail. We accordingly dismiss it with costs.