The Calcutta Weekly Notes March 19 1945

The correctness of the valuation therfore depended on the real extent of the incubrance and ultimately the question was whether the value set on the saleable interest was adquate. [...] The proviso is expresed in absolute terms and having regard to the observations of the Judicial Committee it will be a question whether as respects the valuation the proviso relieves the Court wholly of the duty cast upon it by sub-r. [...] (c) and it seems that if the Court has to check the extent of the incumbrance as enjoined by the Judicial Committee it cannot avoid checing the valuation given by the decreholder in spite of the proviso although it may not have to give a valuation of its own. [...] The substituted proviso says that no sale shall be set aside on the ground of any defect in the proclamation at the instance of any person who after notice did not attend at the drawing-up of the proclamation or of any person in whose presence the proclamation was drawn up unless objection was made by him at the tine in respect of the defect relied on. [...] It is true that they were ;.iving a decision on the language of the Code— hut having regard to the fact that they put it n the ground of fraud on the part of the decre11(ler it seems to 1.)e a question whether the letH..ion will not apply in spite of the proviso where fraud is established.