The Calcutta Weekly Notes Dacca Reports 1951-1952 to be Cited as 56 C.W.N. [4 D.R.]

as a stay of execution of the decree by injunction or by order of the Court witin the meaning of section 15 of the Indian Limitation Act so as to entitle the party seeking execution of the decree to a deduction for purposes of limitation of the period during which the decree remained under attachment? [...] ln the present case the attacment order was sent to the 2nd Suordinate Judge of Chittagong who had passed the attached decree while the decree in the execution of which the attachment took place was passed by the Court of the 1st Subordinate Judge of Chittagong. [...] is whether section 35 of the Bengal Agricultural Debtors Act has got any application to the sale in dispute M which all the debtors or heirs of the debtors did not join the application before the Debt Settlement Board The answer of the question depends upon the construction of section 35 of the Bengal Agricultural Debtors Act which again depends upon the construction of section 9. of the said Ac [...] Rakshit appearing on behalf of the judgment-debtor applicant responent contends that the debt being a morgage debt it cannot be split up under the provisions of the Indian Contract Act and also under the mortgage bond the liability of each of the cdebtors etends to the whole of the debt and therfore one of the co-debtors cannot aproach the Debt Settlement Board only for settleme [...] Rakshit's reading of the section is accepted the position would be that by virtue of the award there would be no debt or there would be a small amount of the debt as settled by the Debt Settlement Board on the application of one of the cdebtors but according to the proviso the liability of the co-debtors other than the debtor bfore the Board would not be affected by any order of the Board.