Conflicting Judicial Decisions Pertaining To The Code Of Civil Procedure, 1908
"But we dos not wish to place much reliance upon the decision of the Allahabad High Court,
reported in 33 All. 237, for the reason that in that case, the suit was nota suit for enforcement of
the ft1OI'lgé.gC, but it was a suit for redemption. It may be possibleto take the view that in a suit for
1'cdi*;t1ptit»17., the equity of redemption is the subject matter of the suit. But we may point out that,
in spite oi such it contention, the Allahabad High Court took the view that in considering the
application to sue /I1f()I'l1'l(I[)(!i!]}('I'iS in a suit for redemption, the value of the equity of redemp-
tion will 11; to to le t:.kc;it by the court in considering the question of the ability of the applicant
to pay the requisite court lees". '
A 9.2.10. Rtcaiiiiiitiidu/ion.----It appears to us, that the realistic approach would be to exclude
the mortgagor's equity of rcdemp,ion, while calculating his means for the purpose of Order 33.
Our recoiiii~.ieiidz,ti«:-n, tliei'efmL, would he to insert below Order 33, rule 1, an Explanatiiiu, some-
what on the follow ng lines :-