JUDGMENT
In our view the construction placed upon Order 44 Rule I sub-rules (1) and (2) by the learned trial Judge is correct, that is to say “a plaintiff may discontinue without leave at any time before the date fixed for hearing. . . . . . ,” on or after that date, discontinuance “may be allowed”, i.e., by the Court ; the plaintiff may discontinue but only with leave".
It follows that the learned trial Judge had the power to refuse leave to discontinue as he did in this case, and we are of the opinion that he was right in dismissing the claim when plaintiff's Counsel declined to proceed with his case.
This appeal is accordingly dismissed with costs fixed at £20-1s-0d.
Appeal dismissed.