Surendra Nath Sarkar And Ors. vs Pyari Charan Law And Ors. on 16 June, 1938
The observations of Macleod C. J. in Dinendra Narain Roy v. Tituram Mukerji (1903) 30 Cal 801 at p. 810 are worth quoting in this connexion as indicating the right principle, though this particular aspect of the question was not pointedly raised in the case: