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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Anil Kumar Roy – Appellant
Versus
Kamlesh Singh – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments of the petitioners and respondents. (Para 3 , 4 , 5 , 6 , 7) |
| 3. court's observations on res judicata. (Para 8 , 9 , 10 , 11) |
| 4. application of the bihar money lenders act. (Para 12 , 13 , 14) |
| 5. final judgment and order. (Para 15) |
JUDGMENT :
Arun Kumar Jha, J.
The instant civil miscellaneous petition has been filed by the petitioners for quashing the order dated 18.12.2017 passed by the learned Sub Judge-VII, Siwan in Execution Case No. 01 of 1999 whereby and whereunder the aforesaid execution case was closed and the petitioners were given an option to file fresh execution case. Further prayer has been made to restore the aforesaid execution case to its original position.
2. Briefly stated, the facts of the case, as flowing from the record, are that the plaintiffs and respondent 2nd set are decree holders and respondent 1st set are judgment debtors. The original plaintiffs, namely Harbans Roy and Paramhans Roy, instituted Title Suit No. 348 of 1985/7 of 1992 for declaration of their title and recovery of possession in respect of suit land comprised in Khata No. 284, Plot No. 3283 measuring 1 bigha 6 katha 2 dhur s
Automatic redemption of mortgage occurs under Section 12 of the Bihar Money Lenders Act after seven years without requiring legal action, reaffirming principles of res judicata in execution proceedin....
In mortgage redemption cases, a final decree can stand even if a preliminary decree is absent, provided the substantive rights and principles of justice are satisfied without prejudice.
Execution of decree – Execution can proceed even if formal decree is not drawn – Quoting a wrong statutory provisions does not create a bar and stand in way of considering application.
The Court clarified that in mortgage redemption, the obligation to deposit money begins only after a formal decree determining the amount due is made, following the correct procedural rules of Order ....
The right of the mortgagor to redeem the property does not get extinguished due to non-payment of the mortgage money within the time specified by the Court, and in the case of a preliminary decree fo....
(1) Equity of redemption means a right to redeem property based upon equitable principles. Right of redemption recognised under the Act is a statutory and legal right which cannot be extinguished.(2)....
A decree remains executable even if some defendants are deceased, provided their heirs are on record and did not contest the suit.
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