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 May 19 1941

When in such a connection the Legislature uses the word includes " in defining " debt " it obviously does not do so with the object of enlarging the ordinary content of the term but tries to demarcate the debts which will be debts in the special sense of the Act and to which the provisions of the Act will be applicable. [...] But the word include' is susceptible of another construction which may become imperative if the context of the Act is sufficient to show that it was not merely employed for the purpose of adding to the natural significance of the words or expressions defined. [...] It may be equivalent to ' mean and include' and in that case it may afford an exhaustive explanation of the meaning which for the purposes of the Act must inevitably be attached to these words or expressions." In our opinion the word " include " in the definition clause of the Debtors Act bears the latter meaning and by its use the Legilature has said that " debt " in the special sense of th [...] 283' (1) (c) of the Succession Act that all persons claiming to have any interest in the estate of the deceased must receive citations and a person having an interest in the estate of the deceased can oppose the grant of prbate of a Will. [...] It is always open to the creditors to show that debts alleged to be due from the estate are not clue but that is very different from saying that a creditor can object to the probate of the Will being granted that is can object to the validity of the Will as a Will.