TMI Blog1948 (4) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... conceded, and rightly, in the opinion of their Lordships, that this mortgage was executed during the pendency of suit No. 229, that it transferred or otherwise dealt with the land in question within the meaning of the section, and that the expression decree or order therein includes a decree or order made pursuant to agreed terms of compromise. Collusion was not suggested, and it was admitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... annot depend on matters of proof or the strength or weakness of the case on one side or the other in bona fide proceedings. To apply any such test is to misconceive the object of the enactment and, in the view of the Board, the learned Subordinate Judge was in error in this respect in laying stress, as he did, on the fact that the agreement of June 8, 1932, had not been registered. Had the ques ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eir Lordships are unable to accede to this submission. It may well be that Section 52 does not contemplate a decree or order which is entirely alien to the issues raised between the parties. The wording is - any decree or order which may be made therein, that is, in the suit or proceeding. But it applies to a compromise decree and inch a decree cannot, by reason of its very nature, be expected i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1932, there was no mortgage on the property in question save the appellant's. Had it mentioned the date of the mortgage and used language apt to indicate that the parties regarded it as entitled to priority, the case for implying a modification of the terms of Clause 6, which expressly provided that the decretal dues should be a first charge, would be appreciably stronger. As Clause 12 stands, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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