Counsel for the plaintiff submits that under this provision the granting of leave is a matter of judicial discretion, which must be exercised on fixed principles “according to rules of reason and justice and not according to private opinion:” Sharpe v. Wakefield  A.C. 173, 60 L.J.M.C. 73. In my view no exception can be taken to this submission. Counsel however contends that the learned Judge appealed from did not so exercise his discretion, because he allowed the solicitor for the custodian, though not served with notice for the latter, to appear before him in opposition thereto, and to read an affidavit, which counsel submits does not comply with the rule appertaining to that kind of evidence.
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