Supreme Court · 1966 INSC 243 · Decided 1 November 1966
Samarendra Nath Sinha & ANR. v. Krishna Kumar Nag
- Court
- Supreme Court of India
- Citation
- 1966 INSC 243 · [1967] 2 S.C.R. 18
- Case number
- CIVIL APPEAL No. 707/1964
- Decided
- 1 November 1966
- Bench
- K.N. WANCHOO, J.M. SHELAT, G.K. MITTER (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 152; Transfer of Property Act
Headnote
B Code of Civil Procedure (Act 5 of 1908), ss. 151, 152-Court ml<­ tak !'nly passing preli1ninary decree for sale in suit for forecio.vure-Sub­ $equent/y correcting 111istake and paS,\ing final decree for foreclo.n1re­ Power ro corrrct such error. Transfer of Property Act ( 4 of l vj lis pcndcns. A piece of land wilh some con~tructions on it situated in district Howrah ~·as mortgaged by conditional sale. The mortgage deed pro­ vided that in c;isc of default in payment of the mortgage amount by the due date the .. ate vw'ould bccornc absolute. Subsequently
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