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 May 18 1903

2 P8F.) Where the property of the debtor cosists of an interest in a partnership such interest and the profits appertaining to it are to be charged with the payment of the decree a receiver being appointed where necessary for the realization of the share of the debtor in the profits and any other money coming to him in respect of the partnership. [...] An ordinary debt (not 'secured by a decree) is to be garnished and to be subject to the determination of any dipute that may arise as to the obligation of the garnishee or as to the claim of any third party to the debt garnished the Court is to realize it by execution against the garnishee for the benfit of the decree-holder. [...] The principle underlying the provisions of the Bill is' that in these cases where owing to the uncertainty as to the real value of the debtor's interest it is not possible to secure a proper price at the auction the Court is not to sell but is to proceed in the manner best calculated to realize the value of the property. [...] On the one hand the disability under which the decree-holder now labours in the matter of bidding at the sale has been removed and on the other the judgment-debtor has been given the right to redeem the property sold on deposit of the purchasmoney plus five per cent. [...] 111 answer to such plaint the Respondent filed in the said Court on the 9th April 1896 his written stattment denying the allegations of ign9brance or incapacity on the part of this Appellant and of fraud on the part of the Respondent and asserting that the full amount of the consideration for the said conveyance had been paid to this Appellant.