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 July 15 1940

9 of the Bengal Agricultural Detors Act and asks us whether a person who is a " debtor " within the meaning of the Act and is jointly liable for a debt with cetain other persons some of whom are " debtors " and some are not can maitain an application singly for settlment of his part of the debt or if it is a decree for rent for settlment of the whole debt. [...] (3) speaks of a debtor being liable " with other persons " " jointly " liable in the first case and simply " liable " in the second what is meant is that he is liable with other persons who are not " debtors " in the statutory sense; that is to say the sub-sections contrast the term " debtor " with the term " persons " and only conteplate a case where a single " debtor " liable with one or mo [...] The only thing that is to be seen is whether owing to the transaction between the parties each party could say to the other during the continance of the account that " you are indebted to me this day " having regard to the nature of the accounts. [...] At the time of the passing of the final dcree in a mortgage suit the Court has no power.to go behind the preliminary decree in which the rights and liabilities of the parties had been determined. [...] 84 of the Transfer of Property Act when a proper deposit had been made and the mortgagee after notice of the deposit refused to accept it and the mortgagor thereafter withdrew the deposit there was still a presumption that the morgagor continued ready and willing to pay and this presumption cast the onus of proof on the mortgagee to prove the contrary.