The Calcutta Weekly Notes. Monday July 23 1934

The party which was really reponsible for the appeal by reascn of the in competence of its agents to decide the case correctly must bear the costs of the second chapter of the litigation. [...] The acts were that in pursuance of a mortgage decree certain premises in Calcutta were old by the Registrar of the Original Side and the sale proclamation stated that the purchaser would not be liable to pay the outgoings " previous to the date of the pament of the purchase money. [...] The property having been sold in those circumstances the quetion arose whether the purchaser was liable to pay the taxes by reason of the fact that they were a first charge on the property still subsisting or whether they were to be paid out of the sale-proceeds the morgagee getting only the balance. [...] The decsion of the Court was that the taxes were to be paid out of the sale-proceeds the puchaser getting the property free from the charge. [...] tali; In the course of the judgment the learned Judge points out the necessity of fuller and clearer provisions in the Rules of the Original Side in regArd to the procedure to be followed in such cases.