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 3 1938

It is held in the cases reported in the present igsue that the debt is extinguished up to the extent of the sale price and consequently further proceedings in the execution case which relate to that part of the debt which has ceased to exist cannot be held up by a notice under sec. [...] 34 of the Act which constitutes a direct affront to the Civil Court the High Court has been following the principle enunciated by Costello A. C. J. namely to guard the jurisdiction of the Civil Court jealously so far as possible within the limits of the law. [...] Electricity having been practically ceded to the provinces by the new Government of India Act has been partially reannexed by the central authority by means of the Indian Electricity (Amendment) Act 1937 and we have no doubt that in solving the problems that may arise out of the conflict of juridictions or the text of the rules or the Act the present edition will serve as a very copetent [...] For as one learned author has observed: The inevitable query from the Benoh ' is there any decided case on the point ' operates to the utter discofiture of the lawyer not forearmed with the entire case-law." The book.contains the rules of the Allahbad Bombay Calcutta and Madras High Courts. [...] His heirs sought to be substituted in his place in order to continue the appeal: Field (SmAimAN C. J. and BENNET J.) —That there is nothing in the Provincial Isolvency Act which would justify the view that the death of the debtor or insolvent brings about a complete abatement of the proceeding and there is no right survivinto the heirs of the deceased.