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In Re: W. H. Collett - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1898)ILR25Cal856
AppellantIn Re: W. H. Collett
Excerpt:
practice - official trustee, appointment of--official trustees' act (x vii of 1864) section 10--consent of beneficiaries--evidence act (i of 1872), section 85--affidavit, sufficiency of. - sale, j.1. i think it would be desirable to strike out the name of a. s. collett. i do not think notice to him is necessary, inasmuch as he is shown to have knowledge of the application and to have approved of it, but there must be an affidavit showing that he is absent in england.2. mr. caspersz states that he will file an affidavit to that effect, and have the name of the person referred to struck out from the petition, and that he would mention the matter again upon the affidavit being ready.3. [mr. caspersz subsequently mentioned the matter, and put in the affidavit required, with the original agreement and an office copy of the power of attorney annexed. upon that his lordship made the order prayed for.]4. solicitors for the petitioners: messrs. sanderson & co.
Judgment:

Sale, J.

1. I think it would be desirable to strike out the name of A. S. Collett. I do not think notice to him is necessary, inasmuch as he is shown to have knowledge of the application and to have approved of it, but there must be an affidavit showing that he is absent in England.

2. Mr. Caspersz states that he will file an affidavit to that effect, and have the name of the person referred to struck out from the petition, and that he would mention the matter again upon the affidavit being ready.

3. [Mr. Caspersz subsequently mentioned the matter, and put in the affidavit required, with the original agreement and an office copy of the power of attorney annexed. Upon that his Lordship made the order prayed for.]

4. Solicitors for the Petitioners: Messrs. Sanderson & Co.


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