Supreme Court · 2006 INSC 518 · Decided 18 August 2006
Tundal (Dead) BY L.RS. and ORS. v. Munshi and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 518 · [2006] SUPP. 4 S.C.R. 621
- Case number
- CIVIL APPEAL No. 14185/1996
- Decided
- 18 August 2006
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Limitation Act
Headnote
BY L.RS. AND ORS. A v. MUNSHI AND ORS. AUGUST 18, 2006 [ARlJITPASAYAT ANDLOKESHWARSINGH PANTA,JJ.] B Punjab Redemption of Mortgages Act, 1913-Sections 4 and 12-Suit for redemption of mortgage property-Dismissal of, by Collector-Thereafier, another suit filed beyond one year, decreed in favour of mortgagee and mortgagor if no suit is filed within one year and order cannot be assailed-Section 12 prohibits substance of order and not the form-Substance of order determines the application of period of limitation-Substance of order by Collector reveals that order not recorded D on merits-Thus,
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