Philomina Jose vs Federal Bank Ltd. & Ors

The Supreme Court held that the right to redemption under Order 34 Rule 5 of the Code of Civil Procedure, 1908 is not extinguished merely by the passing of a decree for sale, as clarified in Mhadagonda Ramgonda Patil v. Shripal Balwant Rainade (1988 (3) SCC 298). The Court found that the High Court's reliance on the Patna High Court's decision in Sheo Narain Sah v. Mt. Deolchan Kuer (AIR 1943 Patna 208) was misplaced, as the right to redemption remains until explicitly extinguished by a court decree. The appeal was allowed, overturning the High Court's decision that denied the right to redemption.