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 Courts Monday January 29 1906

44 of this very Act specifically provides for the extension of the provisions of the Act for the making of laws and regulations of the Presidencies of Madras and Bombay to the Presidency of Bengal by proclamtion. [...] The previous suit was for the redemption of some of the properties mortgaged and was brought on foot of a subsequent mortgage which it was claimed had the effect of splitting up the previous mortgage and was dismissed upon a finding that the second mortgage was invalid. [...] 562 C. P. C. Ayyar J. was for reversing the order of the lower Appellate Court on the preliminary point decided by him and restoring the order of the Court of first instance whilst Moore J. held that the lower Appellate Court having reversed the order of the first. [...] The proper time to consider the correcness of the decision of the lower Appellate Court on the preliminary points would be when the appeal w*uld come up in due course after trial by the lower Courts on the merits. [...] The appeal arose out of a suit for foreclosure on a deed of conditional sale which was executed by the first Defendant and the father of the second Defendant in the Plaintiff's favour in 1893 In the year 1902 the Plaintiff made a settlement of his mortgage claims with the second Defendant and bought the said Defendant's half share in the prperty mortgaged in satisfaction of his mortgage claim