JUDGMENT : Knox, J. We are unable to agree with the view taken by the learned Judge. We see no difficulty, if it be once established that the plaint has been stolen or destroyed, in the case proceeding upon the copy or, failing a copy, upon oral evidence as to the contents thereof. 2. We set aside the order passed by the Court below and direct that court to proceed to hear the case upon the merits, under section. 562 of the Code of Civil Procedure.