High CourtsDivision Bench(1910) 06 AHC CK 0036

Pardas Singh and Another vs Dwarka Singh and Another

Allahabad High Court · Decided on 10 June 1910 · Citation: 7 Ind. Cas. 50

HON’BLE JUDGES
John Stanley, C.J · Griffin, J
RESULT
Dismissed

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Judgment

1 paragraphs · 156 words
1.

The point raised in this appeal is concluded by a great weight of authority. The right of redemption, it has been held, is not lost until the order absolute for foreclosure is made. In other words, that the mortgagor can redeem the mortgaged property before the decree is made absolute. This was decided in the case of Poresh Nath Mojumdar v. Ramjadu Mojumdar 16 C. 246; Audhia v. Baldeo Pershad Singh ; Ramesh v. Ram Krishna Narayana Reddi v. Papaya Nabati v. Mitter Ken and Salig Ram v. Muradan . The learned Vakil for the appellant, however, relies upon the case of Ram Lal v. Tulsha Kunwar which is certainly in favour of the view presented by him. That case, however, was not followed by one of the learned Judges who took part in the decision and it has never, so far as we are aware, been followed in any Court. We dismiss the appeal.