JUDGMENT George Knox, J. - The matter raised in this second appeal is not res integra. It falls within the decision of this Court in Hadi Hasan Khan v. Pati Ram 19 Ind. Cas. 416 : 11 A.L.J. 236 : 35 A. 200. and sitting as a single Bench I am bound by that ruling. The appeal prevails, the decree of the lower Appellate Court is set aside and the case is remanded to that Court with directions to readmit the case upon its file of pending appeals and to determine it according to law. Costs will abide the result.