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 Short Notes of Important Decisions of other High Courts in India Monday April 27 1936

Where the Respondent in an appeal to the Privy Council died two days before the heaing of the appeal at which the Respondent did inot appear nor was he represented the appeal being argued in ignorance of the fact.of his death and the Board reserved judWent: Held—The appeal abated at the moment of death and the Judicial Committee were diabled from delivering the reserved judgment. [...] He further submitted that the Report should stand over pending the putting in of a pettion to add the wife (the Respondent in the suit) as Respondent pro forma as she had an interest in the matter the question involved being an important one for her since if the decree absolute were held to be bad she was a married woman at the date of the death of the Respondentto the appeal. [...] On appeal the District Judge set aside the dp.- cree on the ground that the order of the Master had the effect of reviving the decree: Held (FAZE Au and LIMY. [...] The Official Assignee also wrote requestrfig the Solicitors of the Defendant to consent t Court Receiver giving over the assets to 1 0;it The Official Assignee subsequently stated tha the adjudication order had been annulled and that he claimed no interest in the subjecmatter of the suit. [...] The acts and circumstances in the present case did not constitute such interveniton as to vest the subject-matter of the suit in the Official Assignee and tips include it in the property divisible among the creditors under sec.