The Calcutta Law Journal Short Notes of Cases Articles and Other Matters 1st December 1905

The present existing interest of the plaintiff is affirmed and the cloud upon his title removed if the Court is satisfied that there is some present danger or detriment which may be averted by a declaration. [...] 73 of the Transfer of Property Act refers to a case where the effect of the sale would be to annul the mortgage and not to a case like the present where the sale is made subject to the mortgage. [...] The first Court decreed the suit ; the Lower Appellate Court however dismissed the suit on the ground that it was not maintafnable. [...] Held (Pratt and Bodilly JJ.).—A Judge is at liberty to himself inspect the property in dispute and inform himself by the observation of his senses of matters which may help him in understanding the evidence and in deciding the case and specially such matters as do not require scientific knowledge. [...] Where a Judge of the Appellate Court with a view to a better understaning of the evidence and to clear up some doubtful points visited the spot and observed the local character of the building to which a portion of the case related and the banks of the adjacent lake and other matters without notice to and in the absence of the parties and did not record the result of his local inspection exc