cover image: The Calcutta Weekly Notes. Monday  August 21  1939

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The Calcutta Weekly Notes. Monday August 21 1939

1939

148A with the previous suit and will have to amend his plaint so as to claim the rent due to him up to the date of the date of the institution of that suit. [...] (2) of the same for institution of rensuits for a portion of the arrears of rent of * The reference to the section is a mistake.—Eu 156"VOL. [...] The Plaintiff appealed to the High Court: Held (JAMES and ROWLAND JJ.)—That the memorandum of appeal against the order rejecting the plaint must be stamped ad valorem and the value of the appeal for that purpose should be taken to be the difference between the value of the stamp on the plaint Sand the value of the stamp demanded by the Court. [...] Whereas the general rule is that all pesons having the equity of redemption ought to be brought on the record the failure to bring any one of them on the record does not necessitate the dismissal of the suit if the Court in his absence can deal with the matters in controversy so far as regards the rights and interests of the parties actually before it. [...] Therefore notwithstanding that any decree passed in a -a mortgage suit will be ineffective against persons having the equity of redemption who are not represented in the suit the amount of the mortgage debt to be entered in the decree as payable for the redemption of the mortgaged properties will not be affected by the absence of such persons from the record.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes. Monday August 21 1939
clvii-clx unknown view

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