The Calcutta Weekly Notes Monday March 27 1944

Dealing with the first condition their Lordships say that “ as the proceedings in execution of the personal decree passed in the mortgage suit had been instituted in the case after the 1st January 1939 the mortgage suit would be a ” suit to which the Act applies “ within the meaning of sec. [...] With great respect to the Full Bench we therefore feel bound to say that the very material omission in the question referred appears to us to have been overlooked and the affirmative answer to the question as referred recorded at the end of the judg ment does not reflect correctly the effect of the decision nor accord with the conclu sions recorded severally in the body of the judgment. [...] However that may be the frame of the question and the form of the answer may easily mislead the profession asalso the subordinate judiciary particularly since there is a view taken in certain of the dcided cases that an unsatisfied decree witout more is sufficient to make he relevant suit pending " in the technical and etended sense in which the word has been used in the Act. [...] After the death of the testator in the absence of a legal guardian the father of the minor wife presented the IA/ i I for registration before the Sub-Regitrar. [...] 32 (b) of the Registration Act and so was etitled to present the Will for registratiou The registration of the Will was la' tful an4 the depositions of the witnesses recorded by the Sub-Registrar at the enquiry under sec.