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HAYFRON-BENJAMIN J.
This is an application against an order of this court that the proceedings in this case should be continued notwithstanding an appeal by the plaintiff to the Court of Appeal from a ruling of this court dismissing an application by him for judgment on alleged admissions by the defendant.
Rule 27 of the Supreme Court Rules, 1962 (L.I. 218), as amended by the Court of Appeal (Amendment) Rules, 1969 (L.I. 618), provides that an appeal against any judgment or decision shall operate as a stay of execution or of proceedings under the judgment or decision appealed from except so far as the court below or the court may otherwise order.
This legislative instrument came into force at a time when appeals against interlocutory judgments and orders were by special leave, and the High Court therefore had some control over appeals in such matters, and consequently some control over proceedings pending before them. With the coming into force of the Constitution, 1969, the position, iā¦