References: [1871] EngR 36, (1871) 14 Moo Ind App 203, (1871) 20 ER 763
Links: Commonlii
The High Court at Calcutta, at the instance of the Appellant’s Counsel, agreed to confine the decision of that Court to one point, with an undertaking that no appeal to Her Majesty in Council should be made from the decree. Notwithstanding such undertaking, an appeal was brought to England. The High Court certified in the record the undertaking.
Held: the Judicial Committee, on a preliminary objection being taken to the hearing, on the ground of the incompetency of the appeal, said that such undertaking precluded an appeal.
