The Calcutta Weekly Notes Law Notes of 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 February 5 1940

The ruling given by the Judicial Cormittee on the effect of a summary decision in the case of Babu Bhagwan Din v. Gir Liar Saroop reported in this issue ought to uproot the idea so obstrusive now a days that such a decision is conclusive between the parties on the matter decided even to the extent of barring a regular suit. [...] In the circumstances the doctrine_ of res judicata could not apply to bar a regular suit even in the case of a person who was a party to the proceeding or to debar him from denying the existence of a trust In a suit under sec. [...] In the latter case it appears from the very meagre narration of the facts that the sixth accused was a mere custodian of the woman at a cosiderable remove from the abduction and it was rightly held that that the joint trial was illegal not merely because of the section under which the sixth accused was charged but because he was concerned in a different transaction altogether. [...] Later on the decreholder applied for execution of the decree against the judgment-debtor and the quetion arose whether the application for excution against the surety saved limitation: Held (BENNET and VARMA J J. ) —The application for execution of the decree against the surety was a step in aid of excution and saved limitation. [...] No person having been mentioned in the security bond as the mortgagee no suit could be brought to enforce it and the proper mode for its enforcement was the passing of an order by the executing Court for the sale of the properties charged.