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 10 1941

" When some time ago the Government of India invited opinion on a proposed tranfer of the jurisdiction of the Privy Council to the Federal Court and the conversion or rather exaltation of the latter to be the final Court of Appeal for India we strongly opposed the proposal. [...] 1.15 of the Civil Procedure Code : Held (IQBAL AHMAD and BAJPAL JJ.) — That the application of the Plaintiff was not for the amendment of the facts stated in the plaint or of the grounds of claim fomulated in that document. [...] 214 of the Succession Act requires the Judge to insist upon certain evidence in support of the Plaintiff's claim before pasing a decree but the omission to obtain such evidence cannot affect the jurisdiction of the Court to try the suit and a decree passed in such a suit is not a nullity. [...] 69 of the Contract Act and on general principles of equity the puisne mortgagee who is interested in the payment of the decretal money to prevent the tranfer of the mortgaged property to the aution-purchaser is entitled to to be re-ibursed by the mortgagors. [...] On that date the judgmendebtors paid into Court the balance of the decretal amount the compensation for the auction-purchaser as also the poundage.