Supreme Court · 2006 INSC 57 · Decided 2 February 2006

Philomina Jose v. Federal Bank LTD. and ORS.

Court
Supreme Court of India
Citation
2006 INSC 57 · [2006] 2 S.C.R. 1
Case number
CIVIL APPEAL No. 1488/2000
Decided
2 February 2006
Bench
ARIJIT PASAYAT, TARUN CHATTERJEE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

B Code of Civil Procedure, I 908: Order 34 Rule 5-Sale decree-Right of redemption-Availability of­ Denial on the ground that on passing of sale decree, mortgage debt merged C into the decree and substitution of Order 34 by Kera/a amendment-Held: Right of redemption of mortgage is a substantive the decree was passed-It cannot be taken away by the amendment of order 34 which was made only after the decree-Such right is available till confirmation of sale in D pursuance to the decree-There was no final decree, thus denial of redemption + not correct-Order 2 I Rule 92. Section

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