cover image: 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 short notes of important decisions of other High Courts in India  Monday  January 28  1935

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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 short notes of important decisions of other High Courts in India Monday January 28 1935

1935

On the death of the representtive it completely disappears; and if as a result any deficiency is thought to have occurred in the number of persons on whom the Court might leave the trust of represening the class it must be made good on an independent examination of the rest of the members. [...] It the suit is brought within the period of limitation the bar of time is sated and the permission granted subsequently operates from the date of the suit. [...] in the same way if by the death of the et the representative Plaintiffs the viable' leave is deemed to have exhausted itself the position is that the situation at the vanmeneement of the suit reproduces itself Hot is to say for the time being there is a snit by some members of a class without leave. [...] Is the peon thereupon to stay his hands altogether or is he to launch an enquiry as to the truth of the plea or is he to arrest the judgment-debtor nevertheless and leave him to establish his plea before the Court which issued the waant? [...] Before the confirmation of the sale the decree-holder and the auction-purchaser informed the Court that they had come to a settlement and the Court without issuing notice to the auction-purchaser or passing any order about the sale ordered the exection proceedings to be sent to the record room treating the decree as satisfied.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
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 short notes of important decisions of other High Courts in India Monday January 28 1935
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