Bombay High Court
Jan Mahomed Abdul vs Syed Nurudin on 6 August, 1907
Equivalent citations: (1907)9BOMLR996
JUDGMENT Chandavarkar, J.
1. We are against the appellants on the preliminary objection to this appeal raised by the respondents' counsel. We are of opinion that the suit having been brought by the Advocate General, he was the proper party to appeal and not the relators who have filed this appeal. They were not parties to the suit and as relators they have no right to step in when the Advocate General, who was plaintiff, has not thought fit to appeal against the dismissal of the suit.
2. The authorities cited by Mr. Strangman, viz. Daniell's Chancery Practice, Vol. 1, page 56,. and The Attorney-General v. Wright (1841) 3 Beav. 447 are in point.
3. The appeal must, therefore, be dismissed with costs (including the costs reserved yesterday) upon the ground that the appeal does not lie at the instance of the relators.