W.D. Cruikshank vs Azim Nulla Moodeen

Jackson, J.—It appears to me that, irrespective of the question as to whether or not the appellant before us really consented to the arrangement recited by the Recorder, which consent appears to me to be extremely doubtful, and to require some investigation, it was beyond the power of the Recorder to substitute for the decree of the High Court a new decree altogether, and to require the appellant to execute a conveyance in favor of the opposite party. I think this order of the Recorder must be set aside, and he should be desired to carry out the decree of the High Court. It follows that all acts done under the said order of the Recorder will be of no effect. We make no order as to costs.