The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India Monday August 24 1936

During the pendency of the appeal the Plaintiff cony promised with the Defendant and consented to have the decree of the trial Court set aside in consideration of the payment of a certain sum of money. [...] A person who had purchased the equity of redemption from the mortgagor during the pendency of the mortgage suit was and remained in possesion even after the delivery of possession by the Court to the mortgagee-purchaser. [...] The mortgagee-purchaser brought the present suit for possession against the purchaser of the equity of redemption within twelve years from the date of the delivery of possession but beyond twelve years from the date of the confirmation of possession: Held (TERRELL C. J. and SAUNDERS J.)— That the purchaser of the equity of redemtion was bound by the doctrine of lis pendens as his position was [...] Of course if the facts disclosed warrant it an appelant may be reqUired in the discretion of the Court to furnish security for the costs of the trial and!or of the appeal in a case in which he is without means to satisfy the costs if the appeal proves to be unsuccessful. [...] The real test in the case is not the knowledge of the Collector nor the quetion as to whether he had rightfully received the money from the Collector but to whom the money rightfully belonged.