The Calcutta Weekly Notes Law Notes of 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 May 6 1940

xci intention of the debtor can be shown to have wards interest be inferred when the pabeen associated it in the case of part-pament is of a sum smaller than the total ment of the principal the debtor's intention amount due on account of principal and iis irrelevant terest but larger than the principal? [...] If such intention can be inferred as it ought to be on the analogy of the case referred to A problem of some difficulty however by their Lordships there will be payment arises when an open payment is made of an of interest as such " and limitation will amount which is not greater than the ibe extended by the fact of the payment terest due. [...] On that point the first principle to remember is that the intention of the debtor The judgment under notice lays down a is not made the sole test as to whether a number of ancillary propositions. [...] assignment to the interest or to the priThe debtor's intention need not appear by cipal the creditor is entitled to appropriate the writing and the writing itself need not to either. [...] The payment itself has to be made though there is a payment towards interest within that period but the intention need there is no payment of interest " as such." If not be ascertained or ascertainable at the however he appropriates it to the principal time and may be proved otherwise than time is enlarged for in the case of the prifrom the writing.