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 March 4 1935

149 of the Civil Procedure Code detracts from the generality and absolute character of the foregoing provision to this extent that the Court may permit a deficiency to be made good at any stage covering the case that the Court may grant an extension of time for paying the deficit court-fees. [...] 25 of the (4aurdian and Wards Act did not lie as there was no removal of the child from the cutody of the father : Held (WADIA J.)—That under the Guadian and Wards Act the word " guardian " has been defined as meaning a person having the care of the person of a minor or of his property or both. [...] 25 includes the actual as well as the constructive custody of the minor and the section is not limited to the powers of enforcing the guardian's right to the etreme cases of an actual leaving or removal. [...] A ward in the actual custody of another person with the permission of the guardian is deemed to be in the constructive custody of the guardian and the refusal of the person in actual custody to hand over the minor to the guardian amounts to a removal of the minor from the constructive custody of the guardian within the meaning of sec. [...] A purchaser from the judgment-debtor pendentc lite cannot be regarded as a reprsentative of the judgment-debtor for the pupose of execution proceedings if it cannot be said that for the purpose of those prceedings he is affected by the decree and stands in the shoes of the judment-debtor.