JUDGMENT
This is an appeal from a Ruling and Order of the High Court (Rauf, J) given and made on June 28, 1988 whereby he dismissed the respondent’s application by Notice of Motion under Section 3A of the Civil Procedure Act and Order 50 rule 1 of the Civil Procedure Rules for orders that the trial Judge do disqualify himself from hearing the case and that the case be heard in open court.
In the memorandum of appeal, the appellant attacks the decision of the High Court by asserting, inter alia, that the trial Judge erred in failure to apply the law governing the disqualification of a Judge, in refusing to order that the suit be heard in open court, descending into the arena of the parties’ dispute and in acting on his own evidence thereby contravening the rules of natural justice. For the appellant it was submitted as the first and major proposition, that the trial judge should have disqualified himself because there are facts in the case from which it can be inferred that there is real…