The Calcutta Weekly Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday January 30 1922

Cases 991 (Mad.) it is ruled that where in the course of the trial and not on the pleadings a Defendant raises the plea that the mortgage is invalid because the signature of the mortgagor was not attested by two witnesses the Court should not dismiss the suit for chat reason. [...] 59 of the Transfer of Property Act held that the execution of the bond not being challenged the necessity of its proof did not arise and overuled the other idea of one of the I)efendant s viz. [...] 59 of the Transfer of Property Act were not fulfilled the Court has ainple power to frame an issue at that stage and to decide the suit forthwith on the admision of the Plaintiff's Witnesses as regards the invalidity of the mortgage. [...] of the statute of limitation applied to the case dismissed the claim of the Plaintiff for the period prior to. the date of the Plaintiff's huband's death viz. [...] It was contended for the Appellant before their Lordships that the position of the De fendant (Respondent) having been altered to that of a Trustee after the death of the A-ppellant's husband so far as the interest of the dceased was concerned—by operation of sec.