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 February 14 1938

The Defendants who resided in the mofussil were liable for a certain sum of money to the Plaintiffs who were at Bombay and for that they gave security in immovable property situate outside Bombay by sending at the request of the Plaintiffs the title deed relating to the property by post to the Plaitiffs. [...] Under the circumstances the proper construction of the clause is that the debtor should deliver in any of the towns mentioned in the clause. [...] (ii) That the Plaintiffs had constituted the Post Office their authorised agent to receive the title deeds and intimated the same to the Defendants and therefore when the Defendants posted the title deeds the transaction was complete under sec. [...] She entered an appearance and engaged a pleader but at the hearing of the suit the pleader put in a Parshis that he had got no instructions and therefore retired from the suit and a decree was then passed against the property coming to the hands of the minor. [...] 36' of the Act ought to have applied to the prescribed local Court for issue of a sumons; but the fact that he did not take the proper steps to secure the attendance of the: Defendants cannot in any way prejudice the right of the Plaintiffs to institute a suit tider sec.