MOHAMMED AZHIR SHARIF v. BALBIR SINGH and SURINDER SINGH JOHAL, PARTNERS OF AND TRUSTEES FOR THE FIRM OF THE INDIA GATE TADOORI RESTAURANT [2000] ScotSC 24 (29th August, 2000)

MOHAMMED AZHIR SHARIF v. BALBIR SINGH and SURINDER SINGH JOHAL, PARTNERS OF AND TRUSTEES FOR THE FIRM OF THE INDIA GATE TADOORI RESTAURANT [2000] ScotSC 24 (29th August, 2000)

An interlocutor appointing a cause to debate does not constitute a refusal of proof and is not appealable without leave under section 27(d) of the Sheriff Courts (Scotland) Act 1907.

Citation
[2000] ScotSC 24
Parties
Pursuer and Appellant: Mohammed Azhir Sharif; Defenders and Respondents: Balbir Singh and Surinder Singh Johal, Partners of and Trustees for the firm of The India Gate Tandoori Restaurant
Jurisdiction
Scotland
Procedural Posture
Ordinary Action / Appeal Against Interlocutor Appointing Cause to Debate
Outcome
appeal refused as incompetent
Legal Topics
Appeal Competency, Sheriff Courts (scotland) Act 1907 Section 27, Mode of Proof, Preliminary Pleas
Civil Procedure Appeal Competency Sheriff Courts (scotland) Act 1907 Section 27 Mode of Proof Preliminary Pleas

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Parties

Mohammed Azhir Sharif

Pursuer and Appellant

Balbir Singh and Surinder Singh Johal, Partners of and Trustees for the firm of The India Gate Tandoori Restaurant

Defenders and Respondents

Procedural Posture

Ordinary Action / Appeal Against Interlocutor Appointing Cause to Debate

Legal Issues

  1. 1 Whether an interlocutor appointing a cause to debate is appealable without leave under section 27(d) of the Sheriff Courts (Scotland) Act 1907

Ratio Decidendi

An interlocutor appointing a cause to debate does not constitute a refusal of proof and is not appealable without leave under section 27(d) of the Sheriff Courts (Scotland) Act 1907.

Court Disposition

appeal refused as incompetent

Orders

  • pursuer and appellant found liable to defenders and respondents in expenses of the appeal
  • account of expenses to be lodged and remitted to Auditor of Court to tax and report