Supreme Court · 1993 INSC 248 · Decided 27 July 1993
Gurucharan Koeri and ORS. v. Bibi Shamsunissa
- Court
- Supreme Court of India
- Citation
- 1993 INSC 248 · [1993] SUPP. 1 S.C.R. 416
- Case number
- CIVIL APPEAL No. 3403/1993
- Decided
- 27 July 1993
- Bench
- K. JAYACHANDRA REDDY, N.P. SINGH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908 : S.°100-Suit for redemption-Whether is for entire property inortgaged or for a part thereof-Held, is a mixed question of fact and law. The plaintiff-appellants filed a suit for redemption ytfich was dis­ missed by the trial court, but was decreed by the first contended that the suit was not maintainable as it had been filed only in respect of a part of the land mortgage. On appeal by special leave to this Court, the plaintiff-appellants contended that the plea of non-maintainability of the suit raised by the defendant pertained to a question
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