Supreme Court of India · 2007-01-12
S. NAZEER AHMED vs STATE BANK OF MYSORE .
- Citation / case number
- SC 2004/14771
- Court
- Supreme Court of India
- Petitioner
- S. NAZEER AHMED
- Respondent
- STATE BANK OF MYSORE .
- Author
- P.K. BALASUBRAMANYAN H.K. SEMA
- Bench
- P.K. BALASUBRAMANYAN H.K. SEMA
Judgment text excerpt
The Supreme Court addressed the issue of whether a suit for enforcement of an equitable mortgage was barred by Order II Rule 2 of the Code of Civil Procedure. The Court upheld the High Court's finding that a valid equitable mortgage was created despite the absence of registration of the memorandum, and ruled that the suit was not barred by limitation. The Court confirmed that the appellant's objections regarding the tripartite arrangement and discharge from liability were not substantiated, leading to the dismissal of the appeal.