The Calcutta Law Journal December 1930

The second Court found that W was present at the transaction and a consenting party to the loan and therefore passed a decree against the minors as also against W and H. The minors appealed to the High Court. [...] Hell (per King and Bennett I/.) that in the circumstances the proper decree to pass was one directing the sale of the morgaged property subject to the prior mortgages. [...] Held (per A'ulwant Sahay and Wort 11.) that the executing Court was not entitled to consider the validity of the amendment or whether the decree apart from the amendment was capable of execution. [...] The landlord had taken the plea of limitation but the Munsif found that the suit was within twelve years of the date of delivery and was not barred. [...] The mortgage bond recited the indebtedness of A to B and the sale in execution of B's mortgage decree and the necessity for loan to have the sale set aside.