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…As this Court is hearing the application de novo its proceedings must be written fully. That is what makes our judgment somewhat prolate.…

…The reference to a possible application for a prerogative order had an unwholesome flavour because it tends as a direction to the Court hearing the application for Order of Prohibition to grant the Order without using its…

…But rule 54(2) of the Rules of this Court expressly says that no additional evidence shall be adduced at a full court hearing like the one before us.…

…There is no question of this court hearing the plaint on its merits and assessing the same. No evidence is admissible on the precise application now being made. The court now refers to Order IV rule 1.…

…Learned counsel said his friend puts an interlocutory court in a position whereby a trial court would be hearing the evidence.…

…There is no question of this court hearing the plaint on its merits and assessing the same. No evidence is admissible on the precise application now being made. The court now refers to Order IV rule 1.…

…Learned counsel said his friend puts an interlocutory court in a position whereby a trial court would be hearing the evidence.…

…The Proceedings in the Lower Court may continue and even be determined but if the Appellant were to succeed in its appeal the proceedings in the Lower Court will be rendered unnecessary and the court hearing the appeal may…

…The Proceedings in the Lower Court may continue and even be determined but if the Appellant were to succeed in its appeal the proceedings in the Lower Court will be rendered unnecessary and the court hearing the appeal may…

…The Court hearing this Devan Nair case did however state as follows also: “Rule 15 was not complied with strictly for there was no personal service and no notice in the gazette within 10 days of the presentation of the petition…