The Calcutta Weekly Notes Monday May 4 1942

One of them is the decision on appeal from the judgment of Edgley 3. in the now-famous case of &fresh v. Rajani which started the doctrine that the word “ pending ” in sec. [...] The Court of Appeal too held that the dcree in the case was a decree in a suit to which the Act applied but for so holding it did not find it necessary to attribute any technical meaning to the word “ pending as occurring in the definition. [...] The other decision to which we would ivite attention was given on appeal from a judgment of Sen J. The interest awarded by the preliminary decree was at a rate eceeding the statutory maximum but before the Registrar in the course of the taking of accounts the decree-holder claimed iterest only at the statutory rate. [...] (1) and if on consideration of those powers the Court comes to the conclusion that their exercise will give relief to the borrower and if it decides to re-open a decree then it will be the duty of the Court to exercise the powers under sub-sec. [...] The amending Act is a tribute to the acuteness of the observations which the author has occasionally made on the text of the Act.