Tudball, J.@mdashThe circumstances of this case are such that no private sanction, in my opinion, ought to have been granted. The trial of the
original case was a summary trial. There is no record of the evidence. The matter is one involving the eternal Hindu and Musalman question. In the
absence of any record of the evidence, it would be difficult indeed to secure a conviction. There are many ways, of explaining the fact that the
applicant made a statement which was incorrect. In such a matter as this if the Court thought that perjury had been committed, it would have been
better advised if it had taken action itself instead of placing in the hands of a private person the right of vindicating the law. I allow the application
and I set aside the order of the Court below. The application for sanction is refused.