https://www.taxtmi.com/caselaws?id=199255 A security deed that merely undertook not to alienate property until satisfaction of a decree did not create a charge, because it contained no express or implied obligation to pay the decretal amount out of that property. As the earlier decree was only a simple money decree and not one enforcing a charge or mortgage, the purchaser in execution acquired no puisne mortgage rights under the deed. On the procedural issue, the appellate court could invoke Order XLI Rule 33 CPC in the special circumstances of the case to mould relief even though the respondent had not appealed. en-us Mon, 31 Aug 1998 00:00:00 +0530 Fri, 23 Feb 2018 18:11:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199255 A security deed that merely undertook not to alienate property until satisfaction of a decree did not create a charge, because it contained no express or implied obligation to pay the decretal amount out of that property. As the earlier decree was only a simple money decree and not one enforcing a charge or mortgage, the purchaser in execution acquired no puisne mortgage rights under the deed. On the procedural issue, the appellate court could invoke Order XLI Rule 33 CPC in the special circumstances of the case to mould relief even though the respondent had not appealed. Case-Laws Indian Laws Mon, 31 Aug 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199255