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2002 Supreme(Ker) 296

S.SANKARASUBBAN, R.BHASKARAN
Aboobacker Babu Haji – Appellant
Versus
Edakkode Pathummakutty Umma – Respondent


Judgment :-

Sankarasubban, J.

S.A.No.362 of 1990 has come before us on a reference by one of us, Bhaskaran,J., by order dated 21st December 2001. Suit, O.S.No.233 of 1980 was filed for redemption of mortgage. Two questions of law raised in the Second Appeal, which are as follows:

1. Can a composite decree for redemption of mortgage, drawn in form 7D under Order 34 Rule 4 of the Code of Civil Procedure as provided by notification dated 10.12.1973 issued by the High Court of Kerala, be drawn up after the Code of Civil Procedure Amendment Act 104 of 1976?

2. Is not the decree now granted irregular and improper, inasmuch as, it is not in conformity with Order 34 of the Code of Civil Procedure, 1908 as amended by the Code of Civil Procedure Amendment Act 104 of 1976?

The suit out of which, the present Second Appeal is filed is O.S.No.233 of 1980. The suit was filed for redemption of mortgage evidenced by document dated 11.12.1951.

2. The suit was dismissed by the trial court on 28.5.1984. Against that decree, an appeal was preferred by the plaintiff. The Appellate Court granted a decree to redeem the mortgage on 14.12.1989. According to the appellant, on 15.1.1974, under Section 122 of the C





































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