suit for redemption, there is in each a conditional decree for redemption in favour of the mortgagor, the condition being the payment by the mortgagor ... executing the conditional decree for redemption passed in the first suit. A decree for redemption is almost invariably a conditional decree whether it is passed
suit for redemption there is in each a conditional decree for redemption in favour of the mortgagor, the condition being the payment by the mortgagor ... executing the conditional decree for redemption passed in the first suit. A decree for redemption is almost invariably a conditional decree whether it is passed
position that the decree in such eases is a conditional decree in favour of the mortgagor. If there was no final decree but there ... this case the decree is the final decree which is different from a preliminary decree. So the expression "conditional decree" cannot apply
judgment-debtor thirty-days' grace under certain conditions for paying up the decree amount on account of which the sale was made. It seems ... does not pay. No doubt" the decree is a conditional decree, but the ascertaining which of its conditions has been fulfilled and the passing
matter with specific direction to the Execution Court and passed a conditional decree on 25.02.1981. The said order was misunderstood by the trial court that ... remand, the suit was decreed to that extent and a conditional decree was passed.
13. The learned counsel appearing for the appellants / plaintiffs would also
documentary evidence adduced in the case, the Trial Court passed a
conditional decree in favour of the plaintiff in the following terms:-
i)The defendant
application to extend the time for redemption fixed by the original decree may be made at any time before the order absolute is made Nandram ... suit for redemption, there is in each a conditional decree for redemption in favour of the mortgagor, the condition being the payment by the mortgagor
Court to pass a decree. If the decree in question must be in all cases an unconditional, absolute decree, then it would be proper ... nature of the decree. That in my opinion is not a provision which forbids the Court to make a decree conditional if it thinks
extent of Rs. 7022.
As a result of this finding, a preliminary decree for partition and recovery of possession of the plaintiff's half ... whether or not the third defendant is entitled to a conditional decree making it obligatory upon the plaintiff to pay a half share
this Court aforementioned, a view is taken that courts in passing a decree for specific performance, cannot lend support to the parties to enforce ... agree with this view. There may be a decree for specific performance subject to certain conditions, to be complied with provisions of section 6 itself
