Sir John Edge, C.J:— This is a Letters Patent appeal. The second appeal out of which it arose came on to be heard before our brother Mahmood on the 20th of July 1891. It was dismissed for default under s. 556 of the Code of Civil Procedure. The appellant, instead of following the course provided for by s. 558 of that Code, presented this Letters Patent appeal. I am of opinion that when the Code of Civil Procedure provides a specific remedy the appellant must follow it, and not having done so in this case, I would dismiss his appeal with costs.
Straight, J.:— In support of what has fallen from the Chief Justice, I would point out that Mr. Jwala Prasad sought to support his appeal upon an affidavit of merits and facts connected with the dismissal for default. The best person to deal with those merits and matters of fact was the Judge who dismissed for default, and I believe that it was the this reason that the section was framed in order that the Judge who dismissed for default might have an opportunity of readmitting or refusing to readmit the appeal, and in the latter case the appellant is entitled to the advantage of the appeal provided for by s. 588, cl. (27).