The Calcutta Weekly Notes. Monday April 30 1934

If we apply this test to the circustances of the present case the basis of the distinction introduced on the ground that the mortgage was executed by a " former manager " completely vanishes. [...] As to the first they point out that execution of thomortgage was in no way complai of and therefore on this part of the case there was suit' "in respect of an act." That is an end of the fi point and strictly speaking the further opinion e pressed that the execution of the mortgage was an a of a former manager is an obiter dictum. [...] Worded as the section is it is n possible to say that the main proposition is unsou and if it is sound the opinion of the Judicial Corn mittee that the act complained of must be an act individual sued appears to be justified by the languag of the section. [...] The trial Judge gave evidence in the present proceedings and stated that he selected the Library as the place of trial on his own motion and without any intention of excluding anybody though he admitted that he made the arrangements for hearing in the Judges' Library to lessen the publicity by reason of the position which Mr. [...] McPherson occupied in the Province and his relation to the public." The Supreme Court after discussing the decision of the House of Lords in Scott v. Scott 1913 Appeal Cases 417 and other cases came to the conclusion that on the evidence the divorce trial was not held in secret but was conducted in open Court.