Kolkata Court July 1915 Judgments

Raja Peary Mohun Mukerjee Vs. Chandra Sekhar Sarkar and ors.

Court: Kolkata

Reported in: 33Ind.Cas.59

Lawrence Jenkins, C.J.1. This litigation, which has been pending since the 21st January 1909, came before a Bench of two Judges by way of appeal who differed on a point of law; and it accordingly came before Mr. Justice N. Chatterjea and myself under Section 98 of the Code. We expressed our opinion on the point of law referred to, and being the Bench now taking the group the case has come before us for final disposal.2. We have experienced some difficulty in determining how to dispose of the case, as unfortunately the two learned Judges did not make alternative decrees as would be the convenient procedure where powers under Section 98 are brought into operation. But the parties before us have taken up a very sensible attitude and enabled us to arrive at what is an approximation at any rate, to a just result. With the approval of the parties, the decree that we now pass will be in these terms the plaintiff and the mortgagees waiving all accounts as between themselves and the plaintiff c...