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 the English Law Courts January 1 1900

The abovenamed statute had altered' the law and therefore it was unnecessary to consider what would have been the position of the parties or the effect of the order upon the Respondent. [...] Held—That upon the facts proved in this case the absence of both the pleader and his clients was bond fide and was owing to the mistake of the clerk: of the pleader and that it was a 'sufficient cause within the meaning of see. [...] a decree upon a mortgage against one Sadek Ali; it was a decree simply for the sale of the property mortgaged ; the decree declared the amount of money payable to the mortgage and the relief that was given to the mortgagee in the event of the said money being not paid within the time allowed was only an order for sale of mortgaged property. [...] The defence so far as was necessary for the detemination of the appeal was that the enhancement decree made by the Settlement Officer could not be binding upon the Defendant as the decree was made against his mother Pournarnashi who had neither right nor possession of the how/a the Defendant and not his mother having been the person rightfully entitled to the same. [...] The first Court held that the decree of the Settlment Officer was binding on the Defendant first because Poureamashi was the recorded tenant and the party in possession at the time and sectnally even iF the proceeling.liad been wrongly instituted against Pournamashi the Defendant was °stopped ftorn dening the binding character of the decree as he had conducted the defence on behalf of