The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday January 28 1901

Immediately after two of the English creditors of the Company filed a bankruptcy petition against the Company in the High Court alleging that within 3 months from the date of the presentation of the petition the firm had committed two acts of bankruptcy viz. [...] The defence inter alia was a denial of liability on the ground of no money having been borrowed on the mortgage deed and also on the ground that the Plaintiffs' prayer for foreclosure and sale was illegal and on the further ground that the mortgage security was not impaired by any wrongful act on the part of the Defendants. [...] 4 of the Succession Certificate Act was a bar to the maintainability of the suit and that the Court of Appeal below was further wrong in allowing the objection under that section to be raised in the appellate stage of the case without giving the Plaintiffs an opportunity of producing a certificate under the Succession Certificate Act. [...] the obtaining of a decree by Bhagaban Chandra Naskar which deprived the mortgagees' heirs the Plaintiffs of part of the mortgaged property and the decree having been obtained not against the original mortgagee but against the Plaintiffs themselves the right to demand payment of the money accrued forAhe first time to the Plaintiffs and that sec. [...] They also contended that the rent decree in execution of which the Plaintiff purchased the property was a decree in respect of only a share of the tenure and had therefore only the effect of a money-decree the sale in execution of which would pass no more than the right title and interest of the judgment-debtor.