The Calcutta Law Journal Short Notes of Cases Articles and Other Matters July 16 1927

In view of the conflict of rulings in different High Courts the matter was referred to a Full Bench of the Allahabad High Court by Dalal and Pullan J J. thus :— Whether in a compromise decree passed for payment of mortgage money in instalments and not on a fixed date within six months from the date of declaring the amount due 0. XXXIV r. 4 applies and it is necessary to apply for a final decree [...] Held (per Boys and Kendall JJ.) that reading the words " or other person" in connection with the words " no officer" it apears to us that rule i3 is i:itended to prohibit all those who have anythilg to lo with the machinery of the sale having intrest in the result of the sale direct or inlirect and considering the paiitiel of a pleader's clerk he was not debarred from puchasing by the t [...] That under the provisions of the said Act express permission from the Court was required in order to effect the mortgage and in the absence of any such express permission the mortgage was invalid. [...] In the present case the fact whether the infirmity was incurable was not satisfactorily proved and that the defect was congenital was not pressed. [...] The decision of the lower Court was varied and the appeal was allowed on the above observation.