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 Monday March 11 1901

The learned Judge quoted the following passage from the late Lord Justice Chitty's 'judgment in the first-named case : "In Considering any question of fixtures the important circumstances to be regarded are (1) "The mode of annexation of the article and the extent to which it is united to the freehold (2) " Its nature and construction i.g. [...] 553 of the Civil Procedure Code the process governing the issue and service of notice of appeal on the Respondent is the same that governs those of surnmona: and accordingly the Appellant not having complied with Rule 176 (Belchambers' Rules and Orders 2nd edition) by taking out the notice from the Registrar's office and delivering the same to the Sheriff for service within the 14 days mentioned [...] 90 of the Probate and Administration Act as amended under Act VI of 1887 to mortgage one of the properties belonging to the estate of the testator: It was submitted on behalf of the applicant that the testator by giving express power of sale and direction for disposal of the sale-proceeds has impliedly restricted the power to mortgage and that therefore it is necessary to come before the Court t [...] Ivor. V. the said Tejnarain Singh deceased and the said estate adininistered under the decree of this Hon'tfie Court (c) that if necessary the Defendant may be ordered to account for the assets of the said deceased which came into his hands and to pay and make good to the Plaintiffs out of his own moneys the value of any such assets as came into his hands and was disposed of by him. [...] applied in Chambers for an order that the suit may be transferred from the General List of Causes to the General List of 'Commercial Causes and that the costs of and incidental to this application be costs in the cause on the ground that the claims in this suit arise out of ordinary mercantile transactions.