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september 1969

Supreme Court of India · 1969-09-15

SHEO LAL AND ORS. vs SULTAN & ORS.

Citation / case number
SC 1966/60281
Court
Supreme Court of India
Petitioner
SHEO LAL AND ORS.
Respondent
SULTAN & ORS.
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court held that the suit for redemption filed by the plaintiffs was not barred by the Law of Limitation under Article 14 of the Limitation Act, 1908. The Assistant Collector's dismissal of the application for redemption did not constitute a final order that would trigger the limitation period, as it merely indicated that the case involved complicated questions of fact and law. The Court clarified that an order relegating the mortgagor to a civil suit does not bar the suit for redemption, as it does not cloud the mortgagor's title arising from the mortgage.

SHEO LAL AND ORS. vs SULTAN & ORS. · Niyam