The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcuta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday August 25 1913

But it does not follow that the execution is complete in the former case in the same sense as it is in the latter as soon as the money is paid in Court to the credit of the suit. [...] In the course of hissjudgment the M-SIER OF THE ROLLS said The learned County Court Judge has based his judgment on the ground that there was a trespass in bringing the horse into the yard (which I assume though I rather doubt whether the finding was justified) and negligence in leaving the horse unattended. [...] In second appeal the decision of the lower Courts was challenged mainly on the ground that the precious decision did not operate as res judicata and that the lower Courts acted erroneously in relying upon the judgment and decree of the previous suit and that the Plaintiffs ought to have produced the Valuation Roll in the present suit. [...] The decree-holders then attached the immoveable properties of the Piain ifs and they were advertised for sale and the Plaintiffs on the date of sale that is on 19th February 1906 puchased the decree in the name of their servant the Defendant No. [...] He held that as the object of the pt.rchase of the decree was primarily to save the Plaintiff's own property and secondarily to proceed severally and in turn against each one of the Defendants and as the Defendants had to spend money in litigation for the pas' three years to save themselves the Plaintiffs were not equitably etitled to get anything.