- (1.) It is quite clear that, upon the materials which we have before us, we cannot order the Recorder to issue execution. The affidavit does not state in terms that the plaintiffs have got a decree. It merely says that an application for execution was made in proper form, and that the Recorder has refused the application, on the ground that he had reserved a question for the consideration of the High Court. The nature of the question is not stated in the affidavit, bat we are referred to the case of The Bank of Bengal v. Currie and Co. 3 B.L.R. A.C. 396, which is now here; and we see that the question which the Recorder has referred is whether a judgment can be given upon confession under the Code of Civil Procedure. We therefore see that the Recorder has refused to grant execution until he knows whether he can give a decree upon confession. Whether a decree upon confession has been given or not, we cannot say. If a decree upon confession has been entered up, the Recorder may have held, as a matter of law, that the decree is void, and that no execution can be issued upon it; and if he has so held, any objection to his decision would be a ground of appeal, and not for an application for a rule calling upon him to show cause why he should not issue execution. Further, it does not appear whether the application for execution was general against all the property of the defendant or specific against particular property specified in the application. If the application was on the latter form, the Recorder might have good reasons for refusing to grant the execution against that property, and the objection to his ruling would form a ground of appeal if the property was of sufficient value. At all events we cannot, upon the materials before us, say that there is a prima facie case made out against the Recorder, that he was so far wrong in refusing to issue execution, that we in the exercise of our powers under section 15 of the Act, under which the Letters Patent of this Court were issued, ought to order him to do that which he has refused to do, or to show cause. Before we can grant a rule to show cause, we ought to be satisfied that if no cause be shown, we ought to make the rule absolute. Upon this affidavit we are quite in the dark as to whether if no cause be shown we should be promoting the ends of justice by making the rule absolute, and therefore we cannot issue a rule to show cause. The application may be renewed upon an affidavit sufficiently detailing the facts.;