H.K.Bose, J. - (1.) This matter comes up before me by way of an application for exception, to a report dated 12-2-1957 made by the Assistant Referee of this Court in a reference directed by a consent decree passed by Bachawat J. on 20-1-1954. The consent decree, however, reserved the consideration of all further directions and of the question whether the plaintiff Bank is entitled to any decree in terms of prayers (e), (f), (g) and (h) of the plaint in the suit in which the said consent decree was passed and also the question o cost of the reference and of the suit.
(2.) The report of the Assistant Referee shows that in course of the hearing of the reference the parties came to certain terms of settlement and it is on the basis of these terms of settlement that the reference was disposed of. By the terms of settlement the parties agreed that a sum of Rs. 52,480/12/-was the amount due from the defendant Andhar Manick Tea Co. Ltd. to the plaintiff Nath Bank (in liquidation) but it is provided in the terms that the settlement is without prejudice to the rights and contentions of the defendant as regards (a) jurisdiction, (b) maintainability of the suit including the scope of reference and the defendant would be at liberty to agitate the points of law in court.
(3.) The present application is by way of exception to this report and for setting aside of the report of the Assistant Referee and also for determination of the question of jurisdiction of this Court to entertain the suit or to pass the decree.;