The Calcutta Weekly Notes Law Notes and Noted of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday January 7 1924

On of the special features of this case was supplied by the unusual step which was taken by the defence Counsel in approaching the trial Judge immediately before the trial with certain proposals on behalf of the accused. [...] The Repondents were the representatives of the dceased partner and claimed an account of the business after the death of the deceased. [...] The order of the High Court declared their interest to be the same as that of the deceased partner and to this the Appellant objected on the ground that their share in the business could only be ascertained after the Commissioner had reported how far the deceased's assets were utilised in the business. [...] And on the objection of the judgment-debtor befor; the issue of sale proclamation the Court excuting the decree had decided that the value as stated by the decree-holder as also that stated by the judgment-debtor should be both inserted in the sale proclamation and did not itself enter. [...] The lower Court set aside the sale : Held—(J) Insertion of the valuations of both parties in the sale proclamation by the COurt below instead of attempting to give its own valuation in it was not a material irregularity in publishing the sale this being one of the exceptional cases in which it was most difficult to value the property accurately.