The Calcutta Law Reports of Cases Decided by the High Court, Calcutta, Also Judgments of H. M.'s Privy Council, 1877 Volume 1 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 Excerpt: ...of a suit broker; but the purpose for which they are here mentioned is to show that the administration suit was, so long ago as 1865, treated as being at an end, and also that if there were delay in its prosecution it was deliberate and intentional. Absolutely nothing seems to have been done to enforce the decree against Bindoo Bashini. If one were free to conjecture, one would suspect that Ram Lochun intended to prevent Kamini being able to obtain money to pay off her liability to him, in order to get the entire estate into his hands in the way he has done. He says in paragraph 22 of his written statement that Mr. Gillanders abstained from taking proceedings; but Ram Lochun had, under the original agreement, a copy of which a annexed to that statement, power to nominate attorneys. True it is that there is a provision in it that Mr. Gillanders is to continue attorney; but that of course would not have prevented his removal if he had declined to perform his duty. It is quite clear that, after his decree against Kamini, Rain Lochun never paid a pice further to carry on the proceedings; and, as I m before, it was impossible to discover with any certainty from b- examination that he had paid any after the decree of 1862. I 1877-78 should be strongly inclined to infer that the delay had taken place Bam Lochcn intentionally. In the present case, however, it is not very SlICAE material if there were no excuse for it; and here no excuse Eamnaeain. is shown. It is manifest that the position of Kamini in her suit Kennedy, J. against Ram Lochun was one of great difficulty. She had admitted the accuracy of his accounts in the presence of her solicitor: she had, after warning from him and from the officer of the Court who took the accounts, deliberately submitted t...