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 30 1905

The Defendants have not on this appeal challenged the correctness of the view of the Court below on the merits; they have only argued the point of limittion. [...] cause of action the consideration being the ascertaining of the previously uncertain state of transation between the parties while it promise to pay is implied by the admission of the balance. [...] The Plaintiffs deposited the costs of the Defendant in the said Court and moved for a new trial in the said Court which came on for hearing before the Chief Judge and the 2nd Judge of the said 58"VOL.. [...] The returnable date of the rule was the 14th November 1904 and a letter was written by the Registrar of the High Court to the said Small Cause Court for the records of the case in the said Court but the records were not sent. [...] 791 he was bound to gather the intention of the parties from the terms of the cotracts and could not look at the surrounding cicumstances to modify or contradict the plain language of the documents containing the terms of the contract.