Appeal and Revision - Timeliness - Premature application - Application
 before judgment for revision of orders excluding certain ;.titnesses
and evidence •...

Civil Procedure - Parties- Joinder - Court's discretion to add parties
in action against maker of promissory note - Hhether indorser
should be added as defendant against ,lill of holder.

ne~otiable instrument - Parties - to action on promissory note - vihether
 indorser should be added in court's discretion as defendant in
addition to maker against 1-1ill of holder.

1. Where the holder of a promissory note has elected to sue the
   maker of the note alone, the power of the court under.Civil
   Justice Ordinance 1929 Ord , VII .. 8 (1) to add any person as de-
   fendant will not_t unless exceptionally, be exercised to add an
   indorser of the note as defendant against the will of the
   plaintiff.

2,. vlhere a party to a suit considers that the court has ruled

or in excluding as irrevelant certain questions sought to be
put to lii tnesses, that party mey appeal from or apply for
revision of the judgment in the suit on the ground of such
alleged improper rulings, but will not be permi tt ed t o apply
for revision before judgment through interim applioation.

Civil Justice Ordinanoe 1929, Ord. 7, 8(1) •

* court: Flaxman, C.J. t Evans, J. and O'Meara, J. c.,

Revision.

tllc:~:i\~~~ :'~j.'!~42, ! (;J:-.l:a.:Xid au) :c. J~. : Thin is ,,}1 applicat ion for r-ovi s i.on
of cer-t a in orders Given ill the Hig-II Court I Khartoum ii1 tho course of

the hearing of the above suit. The def'cndant - App l i carrt complainn

(a) that in striking out EliB.S Tnbet f'r-on the cuit, rJl'l in refusing

to join Osman Saleh, an indorser of the pr-omi.asory note sued upon as

a defendant, the learned judge hac not made a pr-oper- exer-ci so of hie
judicial discretion, (b) that the learned judge refused to all a'll
certain rlitnesses to be called for the d.ef'enco , 811d (c) that questions
put by the dcf'endant to certain ~/itnesscs at the hearing uer-e l-Irongly
ruled as irre'levant.

The application c<)ll be disposed. of in a fm'l \,:ordo. It is clear

larl that the holder in due cour-se of a pr-omi.so ory note may cue the

maker, payee or any of the indorsers o.t his discretion, and the judicial
power given to the court by Order VII, rule 8(1) of the Civil Justica
Ordinance will not, unless exceptionally, be used to Qcprive him of

that right. There are no grounds shown here for a..'rly interference "/ith
the orders of the lea\led judge as to joinder or striking out of parties.

proper course, if his requesto to call uitnesses or to put certain
questions to those already called, are refused, is to vlait until the suit
is dispoGed of, and if the decree eoes a{;8.inst him, appeal from that
decree, and oet forth'the refusals of I~hich he complains as a ground

of objection. To give time in thiG court to such interim applications.
could only needlessly prolong the hearing of suits and iG to be dis-
couraged.

The application fails and is dismissed •. lith costs.

Evans, J.: I concur.

O'Meara, J.: I concur.

Application dismissed.