Judgement This was a petition for special leave to appeal from a decree of the High Court dated July 22, 1905. Leave to appeal had been refused by the High Court on the ground that the appeal only related to damages, and the petitioner had not shewn under s. 596 of the Civil Procedure Code that the damages resulting necessarily amounted to Rs.10,000 or upwards. The petitioner now submitted that this order was erroneous, that he was entitled to appeal as of right, since by his plaint he had claimed Rs.30,000 and until by inquiry or otherwise it had been determined that he ought to receive a less amount that sum determined the appealable amount. The first Court had directed damages, but had not decided even the principle on which they should be assessed, while the High Court had dismissed the suit. De Gruyther, for the petitioner, cited Mohideen Hadjiar v. Pitchey. ([ 1893] A. C.193) Their Lordships granted the petition.