AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
2 paragraphs · 145 wordsMarkby, J.—I shall speak to Mr. Justice Phear, and give my decision to-morrow. I have consulted Mr. Justice Phear on the point raised by Mr. Woodroffe. He informs me that he did not intend to decide it in Brajanath Kundu Chowdhry v. S.M. Govindmani Dasi 4 B.L.R., O.C., 83. It appears to me that the order may be granted; but I must say that, if it had not been for the proviso in section 271 of Act VIII of 1859, I Should have had considerable difficulty in granting the application. As it is, the plaintiffs are entitled to their order, but they must first of all put in an affidavit showing the value of the equity of redemption.
On a subsequent day, Mr. Bonnerjee applied to Mr. Justice Norman on affidavit showing the value of the property, and the order for sale was granted.