The Calcutta Law Journal Short Notes of Cases Articles & other Matters June 16 1913

The question was whether the Subordinate Judge had jurisdiction at the hearing of the appeal to revoke the order of the District Judge and dismiss the appeal on the ground of limitation. [...] The alleged cause of action being admitted to have arisen wholly outside the local limits of the ordinary original jurisdiction of the Court the question arose whether the Court had jurisdiction to try the suit on the ground that the defendant was a person " dwelling or carrying on business or personally working for gain " within the limits of Calcutta which was at the time of the institution of [...] On the nomination of the latter the predecessors of the defendants had been appointed putwars in the said estate by the Collector of the District and after them the defendants themselves acted in that post. [...] On appeal to the high Court therefore the High Court sent back the cases " to be re-tried on the materials which are before the Court." On the remand the Subordinate Judge first decided the question of notice holding that the notice was not necessary and in that view sent the cases down to the Munsif for trial upon the merits. [...] 1* Clause 11 provides that on breach of any of the conditions or on failure to perform any of the duties imposed on the executant by the kafulial it will be competent for the Collector with the sanction of the Board of Revenue to take the estate under khas management and pay the executant malikana as provided in sections 3 and 5 of Regulation VII of 1822]."VOL.