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july 2001

Supreme Court of India · 2001-07-09

Kanshi Ram & Anr vs Lachhman (Dead) Through Lrs

Citation / case number
AIR 2001 SUPREME COURT 2393
Court
Supreme Court of India
Petitioner
Kanshi Ram & Anr
Respondent
Lachhman (Dead) Through Lrs
Author
D.P.Mohapatra
Bench
Brijesh Kumar, D.P.Mohapatra

Judgment text excerpt

The Supreme Court held that the High Court erred in dismissing the suit as barred by limitation, emphasizing that the Himachal Pradesh Debt Reduction Act, 1976, specifically Section 6, allows a debtor to institute a suit for redemption of a mortgage at any time after the Act's commencement. The Court clarified that the suit was indeed for redemption and not merely for recovery of possession, thus establishing that the Act provides a fresh cause of action. The Court reversed the High Court's decision and reinstated the findings of the trial and appellate courts that the suit was filed within the prescribed time limit.

Kanshi Ram & Anr vs Lachhman (Dead) Through Lrs · Niyam