- (1.) It appears to me that this case comes under the ruling in Chinta Man Sing v. Rupa Kooer (Case No. 353 of 1866, 31st August 1866), and is similar to another case that of Digamburee Dossee v. Poornanund Dey (7 W.R., 401), decided by Norman, Seton-Karr, and L.S. Jackson, JJ., in which the Judges held, that, though the lower Court entered into the merits of the case, yet the order rejecting the application for filing the award was merely an order, from which no appeal lies to this Court. In the present case the Judge, after following the course prescribed in Section 327, Act VIII of 1859, viz., after having numbered and registered the application as a suit, called upon the opposite party to show cause why the award should not be filed in the Court; and after hearing what the opposite party had to say, ruled that the opposite party had shown sufficient cause for rejecting the application, which he dismissed and gave costs as in a regular suit.
(2.) It is now contended that the costs should not have been awarded in this manner; that with regard to costs, the procedure must be considered as a miscellaneous case, and not more than quarter costs should have been allowed.
(3.) I do not think that this objection can be admitted. The application is regarded as a suit; and costs if the Judge sees proper, can be awarded accordingly. I see, therefore, no valid ground to admit this appeal, which must be dismissed with costs. Mitter, J.;