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Order XXXIV and a final decree in a
redemption suit as provided in Order XXXIV, Rule ... final decree was passed in the earlier redemption suit,
there was a merger of the mortgage-debt in the decretal
Supreme Court of India
decree for enforcing the equity of redemption. Their
suit has been dismissed, and the lower appellate Court has been guided ... Civil Procedure, it may be remembered that decrees in redemption
suits differ from ordinary decrees, in that they contain provisions
Allahabad High Court
passing of a decree nisi in a redemption suit, and Rule 8 provides
where the money declared to be payable ... therefore, still exists.
7. Whether the remedy by a redemption suit can now be pursued is the
question which
Bombay High Court
Dattatrayu (1902) I.L.R. 26 Bom. 661, "a redemption
suit has for its purpose the complete adjustment ... cause of action for surplus
profits in a redemption suit is not separate from the cause of action
Allahabad High Court
XXXIV; Rule 8 thereof refers to final
decree in redemption suit only. The learned counsel would contend that
having regard ... property. Rule 7 thereof deals with preliminary decree in
redemption suit. Sub-clause (i) of Clause (c) of Rule
Supreme Court of India
right is enforcible by means of a second redemption suit. It seems to
me that though the right subsists ... down what is the "matter in issue"
in a redemption suit. In order to succeed the mortgagor has to show
Madras High Court
year 1892 the mortgagor instituted a redemption suit alleging
that nothing was due under the securities, and claiming ... then due, and (2) whether this (the
second) redemption suit was maintainable.
8. At the trial the Subordinate Judge decided
Bombay High Court
right is enforceable by means of a second redemption suit. It seems to
me that though the right subsists ... down what is the matter in
issue in a redemption suit. In order to succeed, the mortgagor has to
show
Madras High Court
impleaded as a defendant
( the 5th defendant ) in the redemption suit . He pleaded that the deed
was a deed ... land making the 1st plaintiff and
5th defendant in redemption suit defendants to his suit.On 28th
Bombay High Court
mortgage in favour of the
first defendant in the redemption suit out of which this second appeal
arises. That ... Soosah.
The fourth and the fourteenth defendants in the redemption suit, one of
the sons of Chinnian
Madras High Court
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