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TMI Blog1872 (3) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... t being a sentence or order passed or made in any criminal trial) of one Judge of the said High Court. But the order of the learned Judge that the mandamus should issue is not a judgment. The mandamus which will be issued under it will not be a peremptory one, but merely to do certain things, or to show cause to the contrary; so that the order of the learned Judge does not determine any question whatever between the parties; it only initiates the proceedings by which the liability of the Justices to make compensation will be ascertained and determined. It was contended for the Justices, in support of the right of appeal, that the word judgment in clause 15 included any order affecting the interests of the parties, as was shown by the spe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to appeal against all the discretionary orders which the Judge of original jurisdiction may make in the course of the suit; and (as the learned Judges of the Madras High Court point out) with no result, as such orders would have to be, as a matter of course, confirmed. It would also give a far more extensive right of appeal against the orders of a Judge of original jurisdiction in this Court, than exists against the orders of a Judge of original jurisdiction in the mofussil; which we do not think at all probable that Her Majesty intended. We think that judgment in clause 15 means a decision which affects the merits of the question between the parties by determining some right or liability. It may be either final, or preliminary, or inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Code of Civil Procedure in the sense that the Courts of the mofussil are so, has nevertheless, under the authority of the Charter, declared that all proceedings in civil cases which shall be brought before the Court, except proceedings in its admiralty, vice-admiralty, and matrimonial jurisdiction, and in its original testamentary and intestate jurisdiction, shall be regulated by Act VIII of 1859, and Act XXIII of 1861 (see Rule of April 4th, 1866); and we find that since this rule was made, it has been the practice to inquire into and determine the right of appeal by reference to the provisions of these two enactments. Thus, in the case of Chittoo Sheik v. Kazee Muzzur Hossein Hyde's Rep. for 1864, 212, it was held by Norman and Le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the suit; but that the second objection could, because the refusal to postpone, if erroneous or irregular, was a very important matter. These are the only cases we have been able to find in which the right of appeal on this side of the Court has been discussed; and in every case it has been determined with reference to the provisions of the Code of Civil Procedure. This seems to us to be a reasonable course. For, though the Code of Civil Procedure was not by the second Charter made absolutely binding on this Court, it was clearly expected that so far as possible, it would be adopted by it, and, as before pointed out, this has been done. 2. We think that the proceeding by way of mandamus is a proceeding in a civil case within the me ..... X X X X Extracts X X X X X X X X Extracts X X X X
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