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TMI Blog1936 (3) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... gaged i heavy litigation, and he was ordered to pay the costs, and the bill of costs was taken in for taxation. Of course it was to the interest of the Office; Assignee and the estate to get the bill taxed at as low a figure as possible. The Taxing Master made his allocation and reduced the original amount which the bill had been provisionally taxed by a considerable sum on the application of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discretion as to quantum. From that order of Mr. Justice Blackwell this appeal is brought, and a preliminary objection is taken that an appeal does not lie. Under Section 8(2) of the Presidency-towns Insolvency Act, order in insolvency matters shall, at the instance of any person aggrieved, be subject to appeal as follows , and then Sub-clause (b), which is the material one is in these terms :- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Clause 15 of our Letters Patent, and as the order in question fell neither under Order XLIII, Rule 1, not was a judgment within Clause 13, an appeal did not lie. I am unable to agra with that reasoning, which seems to me to involve some confusion. Section 8 gives a right of appeal from an order made in insolvency. The appeal is to be subject to the same provisions as an appeal from an order made b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same way and be subject to the same provisions as an appeal from an order made by a Judge in the exercise of original jurisdiction, does not import that an appeal only lies if conditions exist which would make an Original Side order appealable. The meaning of the words in the same way and subject to the same provisions was considered in this Court in Mahomed Haji Essack v. Shaik Abdool Rah ..... X X X X Extracts X X X X X X X X Extracts X X X X
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