Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Appellant was restricted from excavating to the dept to 25 feet for construction of basement as it was resulting into the damage to foundation and wall of plaintiff’s house–Fact was found corroborated by the report of Commissioner–Further, the Commissioner noted the cracks in the wall of plaintiff’s house due to excavation–Held, no interference is called in the impugned order–However, appellant can raise the objection of pecuniary jurisdiction at appropriate stage.
