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 29 1909

Those who are familiar with the result of this policy of trust and confdence in the children of the soil on the part of the more eminent of the Moghul Emperors will not for a moment question that the strength and solidarity and in no less degree the popularity of the Moghul rule throughout the length and bi.eadth of India were the direct result of this statesmalike policy. [...] My submission is that there was illegaity in the procedure in the way in which the trial was conduCted because the accused was etitled to be tried in respect of the first article by itself and that the fact that he was not so tried worked substantial injustice to him because the course taken enabled the prosecution to lay before the jury at one and the same time not only the first but the [...] The trying Magistrate found that the complainant was in possession of the disputed cicoanut trees and the tank and the accused had rid-right to take away the fruits and the fish which belonged to the complainant. [...] It held that the Will executed by the deceased was a transparent device to defeat his creditors and expressed the opinion that that being so the Court of first instance in order to defeat this device should have placed all the benficiaries of the V1Till to be represented by the excutrix on the record as representatives in interest of the testator and should have proceeded to excute [...] Held—That as the estate of the deceased since the grant of the probate was vested in and reprsented by his executrix the execution of the decree against the estate of the deceased could not proceed.