Supreme Court · 2007 INSC 309 · Decided 19 March 2007
Subhash Mahadevasa Habib v. Nemasa Ambasa Dharmadas (D) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 309 · [2007] 4 S.C.R. 150
- Case number
- CIVIL APPEAL No. 1449/2007
- Decided
- 19 March 2007
- Bench
- S.B. SINHA, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 21A
Headnote
Code of Civil Procedure, 1908: Sections JI, 15, 20, 21 and 21 A. C Res judicata-lnherent jurisdiction and territorial jurisdiction-Lack of-Distinction between-Place of suing-Suit for redemption-Three items of property were allotted to one 'CB' in partition-He along with his two minor sons executed 'D'-Subsequently 'CB' acting for himself and as the guardian of his minor sons, executed a simple mortgage in respect of the properties to one D 'H'-Thereafter, 'CB', on his own, sold the properties, rather, the equity of redemption, to the appellant-The wife and sons of 'CB' filed a suit arraying
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