1. We are unable to agree with the view taken by the learned Judges in Parameshwaran Nambudri v. Vishnu Embrandari (1904) I.L.R. 27 M. 479 as regards the appellate decision in that case. As the decision of the appellate Court in the case before us was made without jurisdiction we think this Court is bound to set it aside. As regards the decision of the appellate Court we think the cases Ramasami Chettiar v. R.G. Orr (1903) I.L.R 26 M. 176 and Shankarbhai v. Sonabhai (1900) I.L.R. 25 B 317 were rightly decided.
2. We would answer the question which has been referred to us in the affirmative.