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 September 10 1923

Our.contenporary examines.the validity of the order with ference to the question Nth ether the order ounteRI to a denial of due proces in which e the order would he unconstitutional and aid not bar a new action on the same cause. [...] 6 r. 16 of the Civil Prcedure Code the Court in such a case would be justified in making an order for striking out the irrelevant or scandalous matter and if these could not be separated from the rest of the pleadings for amending the plaint. [...] An order like the one passed in the case by 'the American Court would therfore in the absence of such a provision in the 181"elaxxxii THE CALCUTTA WEEKLY NOTES. [...] It appeared that one Richard Mylward the Plaintiff's son did'" devise draw and engross the said replication " whereupon Egerton L. K. ordered " that the warden of the Fleet shall take* the said Ricliard Mylward' into his custody and shall bring him into Weetminister Hall on Saturday net about ten of the clock in the forenoon and then and there shall cut a hole in the middest of the same engro [...] This will undoubtedly facilitate' the handling an the correct application of the amended Code diving the tiansitional period which must pass before the full effect of the changes made is generally realised.