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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V10) 1 CLR 128A
1914 April 27
[TYSER, C.J. AND FISHER, J.]
HEIRS OF HAJI CHRISTOFI TZINGO
v.
CONSTANTINO HAJI TZINGO
PRACTICE-ORDER XXII, RULE 6 REFEREE-REPORT-APPLICATION FOR JUDGMENT.
The Plaintiffs brought an action against the Defendant which was referred to a referee who duly filed a report. Upon the hearing of an application by the Plaintiffs for judgment in accordance with the report, the report was read in the presence of the advocates for the parties, and no objection being raised by the Defendant's advocate judgment was given in accordance therewith.
The Defendant appealed against the judgment alleging that the report dealt with matters not included in the reference.
HELD: That having failed to raise any objection on the hearing of the application for judgment he was precluded from raising the question of the validity of the report on appeal.