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 February 16 1903

The usual statement of objeck and reasons annexed to the Suspensory Bill bore that the BM was intended to guard against suits for partitions being brought or alienations being made with the object of defeating or evading the provisions of the main Bill." But the provisions of the Act passed—to be operative for one year only unless confirmed—go far beyond the scope of the Suspensory Bill. [...] if it stand then as the Government of Madras pointed out in the Order of 1893 "a declaration of flitnpartibility involves the annihilation of the rights of coparcenem an(' ought not to be made on the ex paste application of a proprietor." It amounts to a wholesale confiscation of the vested rights of the junior members of the &willies interestedwor of their alionees and the rupture of contra [...] This happy result is largely due to the fact that the contents of the book were originally delivered by the autilior in the form of lectures before the Institute of Bankers a body composed of laymen. [...] This appeal came to be heard as the outcome of an application which the Defenants made requiring a fuller a.nd better statement of the claim and particulars of the infringement complained of and for the limiting of the trial to a certain number of the infringements complained of. [...] The application out of which the present appeal arose was made on the 9th September 1901 by the decree-holder 4 11eging that the order for confirmation of the sale was erroneously 1assed by the Court as the landlord's fee prescribed in sec.