In Re: Madhavdas Jethabhai vs Unknown on 11 June, 1928
Our opinion is also re-enforced by a similar opinion expressed by the Calcutta High Court in Kumar Sarat Kumar Roy v. The Commissioner of Ineome-tax Bengal (1927) Income Tex Cas. 279. We do not think that we can permit fie present application to be converted into an application under Section 45 of the Specific Relief Act, in view of the fact that Rule 536 of the Original Side Rules, 1922, as revised in 1926, requires the application to be entitled in a certain manner and to be made on motion in open Court before a Judge on the original side or a specially constituted bench But we direct that the affidavits that have been filed is this case may be used in support or in answer to any such application, The application is accordingly dismissed with costs. Costs to be as on the appellate side scale.