The Calcutta Weekly Notes. Monday July 16 1934

Even the Chief Jutice could seldom persuade him to sit on the Appellate Side of the Court as he had a pet aversion for the technicalities of the Bengal Tenancy Act and the land-laws out of which second appeals from subordinate Courts are preferred to the High Court. [...] A note was made to the schedule and also to the bidder's list to the effect that the prperties should be sold subject to a mortgage in favour of C. C put in a claim petition stating that the mortgage had been satisfied and that he was the purchaser and owner of the properties. [...] In the former case the Court is satified of the existence of the mortgage and sells only the judgmendebtor's equity of redemtion and the purchaser has V) redeem the mortgage. [...] In the latter case the purchaser buys the property with notice of the morgage subject to such risks as the notice 'might involve; in other words the executing Court does not decide whether the mortgage subsists or not and the purchaser is not prcluded from questioning the validity of the mortgage. [...] The Civil Court gets its newer to hear such anneals from the rrimin 1 Procedure Code and when it gets the power from that Code it must also execise that power according to the provisions of that Code: it does not follow merely from the fact of its being a Civil Court that being once seized of the appeal it can proceed to apply the provisions of the Civil Procedure Code.