Supreme Court of India
Tundal (dead) by L.rs. and Ors. v. Munshi and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
For the foregoing reasons, the appeals are devoid of merits and are dismissed accordingly.
Judgment, page 7
From the headnote
Punjab Redemption of Mortgages Act, 1913-Sections 4 and 12-Suit for redemption of mortgage property-Dismissal of, by Collector-Thereafier, another suit filed beyond one year, decreed in favour of mortgagor- Mortgagee's case that suit dismissed on merits by Collector, as such instant suit barred by limitation-On appeal held: Findings of Collector become conclusive between mortgagee and mortgagor if no suit is filed within one year and order cannot be assailed-Section 12 prohibits substance of order and not the form-Substance of order determines the application of period of limitation-Substance
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