The Calcutta Weekly Notes Monday March 16 1942

The application on which the Federal Court delivered its judgment in the case of K. L. Gauba v. The Hon'ble the Chief Justice and the Judges of the High Court of Lahore reported in this issue was a most novel one in that it asked for proceedings for contempt of Court to be taken against a High Court on the ground of the latter having refused a certificate of fitness of appeal perversely and opp [...] The other was on the merits of the case and to the effect that there was no reason to suppose that the High Court had in fact acted maliciously or perversely in refusing to grant the certificate. [...] For if the Federal Court could direct the High Court to transmit the papers of a case on the ground that a certficate had been refused perversely and then assume jurisdiction to entertain an appeal the position would virtually be that the High Court was extending the jurisdiction of the Federal Court by its perversity and obstinacy. [...] The personal decree can however be re-opened and the manner of re-opening it should be that the amount permissible to the decree-holder in case a new preliminary decree were passed now should be ascertained and compared with the amount brought in by the sale. [...] It is a fraud for a Plaintiff to claim beneficial title under a deed in respect of which he was a mere benamdar and the Court cannot refuse to call the Defendant to prove the benami nature of the transation even though in doing so the Defendant may have to rely on his own wrong doing.