Cecil Henry Walsh, Acting C.J.

1. I should like to say that the matter of law raised by the appeal has been very fully argued by Mr. Haider in a very interesting discussion. I merely want to add my reason for constituting the Bench as I did in this case, because Mr. Haider raised a sort of indefinite protest against it. In this case, and the next one which we are about to hear, it seemed to me, when I happened to be acting as Chief Justice and was looking into my duty as regards the constitution of the Bench, that these two cases were of a somewhat exceptional character and that in this case, in particular, it was desirable, having regard to the Full Bench which has been referred to and the fact that I was a member of that Full Bench, to have a decision of three Judges. I remain of the same opinion after hearing Mr. Haiders interesting, argument.

Ryves, J.

2. In my opinion the judgment of my learned brother was correct and I would dismiss the appeal.

Dalai, J.

3. I agree.

4. By the Court. The order of the Court is that the appeal is dismissed with costs on the higher scale.