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Judgment
2 paragraphs · 121 wordsMcDonell and Beverley, JJ.—A preliminary objection was taken to the hearing of this appeal on the ground that it should not have been re-admitted u/s 558. It is contended that as the pleader in this case was present, though not prepared to go on with it, the appeal was not dismissed u/s 556; and therefore it could not be re-admitted u/s 558. A similar case is that of Buldeo Misser v. Ahmed Hossein 15 W.R. 143 in which we find that under similar circumstances the appeal was held to have been dismissed for default. And followirig that ruling, we think this case was properly re-admitted u/s 558.
The appeal was dismissed on the facts which are immaterial to this report.