Judgment

Arijit Pasayat, J.—Challenge in these appeals is to the judgment of a Division Bench of the Kerala High Court. The Civil Revision petitions in proceedings under Order 34 Rule 5 of the Code of Civil Procedure, 1908 (in short the ‘Code’) were dismissed by a common judgment dated 2.6.1997.

2. Factual position, which is practically undisputed need to be noted in brief.

3. The decrees for sale in the above cases were passed on 8.2.1989 and 30.7.1985 respectively. At the time of passing the decrees in the case, amendments as applicable to the State of Kerala were in force. The amendment stood repealed by virtue of Section 97(1) of the Code of Civil Procedure (Amendment) Act, 1976 (Act 104 of 1976) (in short the ‘Amendment Act’) which came into force on 1.2.1977.

4. By an amendment effected under Section 122 of the Code, by the High Court of Kerala, Order 34 of the Code as existed before 1.2.1977 was incorporated in the Code with effect from 20.11.1990. It is thus clear that on the dates when decrees were passed in the case, the Civil Procedure Code was in force in the State of Kerala.

5. The prayer for redemption in terms of Order 34 Rule 5 of the Code as made by the judgment debtors