PHILOMINA JOSE vs FEDERAL BANK LTD

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 unless a specific decree debarring the mortgagor from redeeming the property is issued. The Court distinguished the view taken by the Patna High Court in Sheo Narain Sah v. Mt. Deolchan Kuer, reaffirming that the right of redemption continues unless explicitly extinguished by court decree. The appeal was allowed, overturning the High Court's dismissal of the revision petitions.