JUDGMENT : Knox, J. The decision upon which the learned Counsel for the appellant relies, viz., the case of Debi Prasad v. Jaikaran Singh, [1902] I.L.R., 24 All., 479 is clearly in his favour. We were asked by the learned Vakil for the respondents to refer the matter to a Full Bench, but we are clearly of opinion that the view taken by this Court in the case above-mentioned is the correct view. It is in accord with the view taken in Poresh Nath Mojumdar v. Ramjodu Mojumdar, [1899] I.L.R., 16 Cal., 246, Ajudhia Pershad v. Baldeo Singh, [1804] I.L.R., 21 Cal., 818, Nandram v. Babaji, [1898] I.L.R., 22 Bom., 771. 2. The learned Judge ought to have followed the rulings of this Court and not ruling of the Madras Court to which he refers. We allow the appeal, set aside the order of the Court below, and restore the order of the Court of First Instance. The appellant will get the cost of this appeal and his costs in the Court below.