The Calcutta Weekly Notes Monday December 15 1941

Justice Khundkar hold that in re-opening a preliminary mortgage decree and passing a new decree the Court is entitled to allow interest pendente lite up to the date of the latter provided the rate does not exceed the statutory limit and the total amount of interest for which the debtor is made liable together with sums already paid does not exceed the principal. [...] Justice Sen had to consider the interesting point as to whther the interest for the period between the date of the preliminary mortgage decree and the date fixed for payment is interest within the meaning of the Bengal MoneLenders Act. [...] The argument for the creditor was that the iterest for the period of gracis not interest on or in respect of the loan but interest on the principal found due and converted into a decretal debt. [...] In the case under notice the Rgistrar was only given the option of making an advance calculation—perhaps for the convenience of the Court—but it does not seem to us that that fact can have any beaing on the nature of the interest. [...] As to whether up to the date fixed for payment the matter is still in the region of contract the question seems to require further consideration in view of the decision of the Federal Court in Subhananda v. Apurba Krishna C. W. N. (1940) F. R. 18.