Supreme Court of India

Philomina Jose v. Federal Bank Ltd. and Ors.

Neutral citation
Reported as [2006] 2 S.C.R. 1
Bench Arijjt Pasayat and Tarun Chatterjee JJ.
Decided 2 February 2006

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.

From the headnote

Code of Civil Procedure, I 908: Order 34 Rule 5-Sale decree-Right of redemption-Availability of­ Denial on the ground that on passing of sale decree, mortgage debt merged into the decree and substitution of Order 34 by Kera/a amendment-Held: Right of redemption of mortgage is a substantive right of mortgagor which accrues to him to be exercised under Order 34 Rule 5 when the decree was passed-It cannot be taken away by the amendment of order 34 which was made only after the decree-Such right is available till confirmation of sale in pursuance to the decree-There was no final decree, thus

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