1778-02-09 (static/transcriptions/1778/02/011.jpg)

1778. Sittings. Monday Feb. 9.

Monday Feb. 9th 1778.
Present
Impey & Hyde.

[Double Line]
Mirza Jeleil
v
Gorachund Dutt.
This was an action of Debt on Judgment of “the Provincial Dewanny Adaulut of Moorshedabad” In the Plaint it was said “as by the Record may more fully appear” The Plea was Nil Debit, not as it ought to have been, if this were properly a Court of Record, Nul tiel Record.

Impey remark’d, this was the first action of the kind. It is incumbent on you, if you proceed on this Plaint to prove this is a Court of Record, and then it will be open to a motion in arrest of Judgment, to have it determined whether the Plea is right, or an immaterial Plea, and consequently a mistrial. And also to determine whether the Plaint is sufficient, not stating more particularly the authority of the Court, and the extent of it’s Jurisdiction.

Hyde. I said. It never has been deter =
= mined