The Calcutta Weekly Notes November 20 1944

The decision as reported appears to lay down that no one can question on any ground whatsever a declaration of emergency made by the Governor-General; and once such a declaration is made the rule of law ceases and the rights of the subject in India come to be governed by the 3iv THE CALCUTTA WEEKLY NOTES. [...] Justice Mitter speaks generally of the need to provide for a personal decree in a case where all the mortgaged properties had been sold in execution of the decree in lieu of which a new decree is passed we do not think it was his Lordship's intention to lay down that such a provision must be made in all cases. [...] When therefore the judgmendebtor commits a default in paying the instaments under the new decree and the properties tdready sold in execution of the renewed decree tire restored to the decree-holder at the price for which he purchase them it may transpire that the amount still due under the new decree eceeds the value of the properties which are restored to the decree-holder so that hi [...] Art 1$2 of the Limitation Act prescribes the time from which the period of limitation for the excution of a decree begins to run. [...] If by the order of a competent Court the decree has been redered a nullity the period during which that order is in force must be excluded ; otherwise the period of limitation allowed to the decreholder would be reduced to less than three years.