The Calcutta Weekly Notes Monday February 4 1907

The effect of the decision in its logical consequence comes to this that if probate of the Will is not taken out the disposal of the property by the Will can be set aside by the heirs. [...] IN THE CASE REFERRED TO THE FULL BENCH THE question arose upon the addition in the course of a mortgage-suit of a person who had subsequently to the mortgage purchased a portion of the mortgaged property. [...] Then the question arose whether the _dismissal of the suit as against the purchaser would have the effect of exempting the properly purchased by him from liability under the decree to be made on the mortgage. [...] In the latter he buys the property with notice of the mortgage and subject to such risks as the notice might involve ; the Court does not decide whether the mortgage subsists and the purchaser is not estopped from diputing the existence of the mortgage. [...] 1 and they also contended that what had passed at the auction sale was the entire interest of the owner of the estate and not the life interest of Defendant No 1. The Court of first instance dismissed the entire suit of the Plaintiff.