suit was dismissed, had taken steps for the re-hearing of the suit and failed in his attempts, no second suit for redemption ... substantive law, the equity of redemption is not extinguished by a dismissal of a redemption suit for default of the plaintiff's appearance
mortgagee may be harassed by numerous suits if the mortgagor were permitted to institute repeated suits for redemption, has been fully answered by my brother ... that in the Full Bench case the original suit was not, strictly speaking, a suit for redemption, but a suit to recover property on which
further charge.
4. In the year 1892 the mortgagor instituted a redemption suit alleging that nothing was due under the securities, and claiming ... redemption. The argument was confined to the broad proposition that no decree for redemption should have been made at all, and that the suit should
decree in a suit for foreclosure
under Order XXXIV Rule 3(2) and (2) a final decree in a suit
for redemption under Order XXXIV ... final decree
passed in the previous suit, being Suit No. 3 of 1947, the
mortgagors' right of redemption remained alive and was not
extinguished
whole period of sixty years during which a suit or suits for redemption may be brought. But if that argument were sound any other right ... decree be in a suit for foreclosure or in a suit for sale or in a suit for redemption, there is in each a conditional
date of the second suit cannot change the matter. It is in substance a suit for the redemption of the same mortgage with this difference ... already a decree nisi for redemption capable of execution. If the plaint in a subsequent redemption suit were drawn up in the manner, in which
respondent was impleaded as a defendant ( the 5th defendant ) in the redemption suit . He pleaded that the deed was a deed of sale with ... land making the 1st plaintiff and 5th defendant in redemption suit defendants to his suit.On 28th Nov, 1967 the appellant before me purchased
called a right to redeem and a suit
to enforce it is called a suit for redemption.
Nothing in this section shall be deemed ... called the right to redeem
and a suit to enforce it is called a suit for redemption. Thus, the scope
of suit for redemption
under s. 83-If estops the filing of a
suit for accounts-suit for redemption, what is.
Usurious Loans ... claimed in the suit. It may even be possible to
hold a suit to be a suit for redemption if even one of those
three
whole period of sixty years during which a suit or suits for redemption may be brought. But if that argument were sound any other right ... decree be in a suit for foreclosure or in a suit for sale or in a suit for redemption, there is in each a conditional