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 May 2 1938

(5) that he had in possession any prperty belonging' to the insolvent the Court could at once order the payment of the amount owing or the delivery up of the prperty to the Official Assignee. [...] The amendment substituted for if on the examination of any such person the Court is satisfied " the words " if on his examination any such peson admit." The amendment does not touch the words " property belonging to the insolvent." Both before and after the amendment " property belonging to the isolvent " has the same meaning. [...] Government and the Opposite Party these costs must be paid prior to the filing of the plaint which commences the suit: and when the costs have not been paid or dposited prior to the institution of a suit a Court is bound to dismiss the suit. [...] The proviso in the rule comes into play only when there is a formal order of the Court specifying the amount payable by the unsucessful applicant to the Government and the Opposite Party on account of costs and in the absence of a formal order there is no duty cast on the applicant to wade through the record of the case with a view to ascetain as best as he can the amount of costs that he [...] Unless consequent on the dismissal of the application for pemission to sue in forma pauperis a formal order is drawn up by the Court specifying the amount of costs that the unsuccessful applicant is ordered to pay to the Govement and the Opposite Party r. 15 of Or.