The Calcutta Law Journal Short Notes of Cases Articles and other Matters August 1 1921

The same questions will have to be gone into both in the original petition and the original suit.’ It is the decision in the original suit that is given preference to. [...] Whence comes this strange limitation on the power of the Court ? Why cannot the Court decide in the case that the only son is the heir to the Hindu father’s self-acquisitions what need of a reference to the District Court for that ? Given the same allegations of fact the Civil Court in a regular suit is more comptent to decide the matter. [...] In case where the debt is of small amount also the procedure laid down is very harassing to the creditor and the expenses in the District Court more than cover up the amount of the debt and make its relization next to no -use. [...] In the interests of justice it seems necessary that the same sanctity be given to the decision of the Courts as to proceedings under the Succession Certificate Act and either a certficate or a decision of a proper Court must equally have the effect of indemnifying the creditor. [...] To hold otherwise would be higlily anomalous and the attention of the legislature must be immediately drawn to the provisions of this Act and section 4 of Act VII of ISS9 amended accordingly.