Civil Procedure Code, 1908, Order 34, Rule 7 -- Usufructuary mortgage - Redemption - Final decree - Mortgagee of usufructuary mortgage would not be entitled to file an application for final decree either for sale of property or to debar mortgagor from out right to redeem property - Such a right to file a final decree application is conferred upon mortagagee only for other..........
Civil Procedure Code, 1908, Order 34, Rule 7, 8 -- Mortgage - Decree for redemption of mortgage - Cannot be passed without following procedure laid down U.O.34.Rr.7, 8 CPC...........
Civil Procedure Code, 1908, Section 47, Order 34, Rule 1, Transfer of Property Act, 1882, Section 84 -- Execution - Objection - Mortgage - Delivery of possession - Execution case without any decree for redemption is not maintainable - Respondents held, not entitled to get delivery of possession unless a decree for redemption of mortgage is passed in their favour under..........
Civil Procedure Code, 1908, Order 34, Rule 11(a)(iii) -- Interest - Recovery suit for losses and security deposit - In absence of any written condition on rate of interest, guidance can always be taken from O.34.R.11(a)(iii) CPC...........
Civil Procedure Code, 1908, Order 34, Rule 5 -- Mortgage suit for recovery - Final decree - Limitation for final decree is three years, as Art.137 of Limitation Act applies to an application for final decree - Right to apply for final decree accrued to plaintiff Bank on expiry of six months from preliminary decree i.e in 2001 - Application for final decree filed in 2013..........
Civil Procedure Code, 1908, Order 34, Rule 5 -- Judgment debtor even before confirmation of sale entitled to liquidate mortgaged debt due - Remedy of auction purchaser while seeking refund can insist for payment of interest to compensate for his money which is locked...........
Civil Procedure Code, 1908, Order 34, Rule 15(2) -- Execution - Preliminary decree passed in a suit for mortgage cannot be executed without obtaining final decree...........
Civil Procedure Code, 1908, Order 34, Rule 15(2) -- Mortgage suit - O.34.R.15(2) CPC is a separate and independent clause meant to give speedy relief to decree holder who gets a charge for the first time under the decree as there is no question of any equity of redemption remaining with debtor in that situation...........
Civil Procedure Code, 1908, Order 34, Rule 14, 15, Civil Procedure Code, 1908, Order 2, Rule 2 -- Subsequent suit not hit by O.2.R.2 or constructive res judicata, unless the cause of action in both suits are same or identical - Suit for satisfaction of hypothecation and suit for sale of mortgaged property between the same parties are maintainable - Consent award in an..........
Civil Procedure Code, 1908, Order 34, Rule 5, Transfer of Property Act, 1882, Section 60 -- Mortgage - Final decree in suit for sale - Right of redemption - Where suit property is mortgaged and sold out in Court auction to third party for realization of money dues and sale become final, mortgagor of property have no right of redemption as mortgagor can redeem property only..........
