...-Court mistakenly passing preliminary decree for sale in suit for foreclosure-Subsequently correcting mistake and passing final decree for foreclosure-Power to correct such error. Transfer of Property...preliminary decree which was for sale and the final decree which was for foreclosure. The matter was remanded to the trial court and leave was given to the respondent to participate in the...questions were raised : (1) whether the Trial Court was competent to pass a final decree for foreclosure though .the preliminary decree was for sale and (2) whether the respondent had the right to contend...

...1. This was a suit for foreclosure of a mortgage by way of conditional sale, dated May 6th, 1865. The amount secured by the mortgage was Rs. 99-13-0. The document provided that the said...plaintiff claimed foreclosure of the mortgage and possession of the property comprised in it. The Court of first instance dismissed the suit on the ground that it was time barred and this decree has been...conditional sale was to take foreclosure proceedings under Regulation XVII of 1806, the plaintiff could not maintain his suit unless he had taken those proceedings within the period of limitation applicable...

...Bank of India against Hanuman Foundries Ltd. for foreclosure and sale of hypothecated land. Pursuant to a decree passed by the Court, the Court Receiver sold on 29-8-1990 the hypothecated property which...was subsequently challenged before this Court and the said sale was set aside and the matter was remanded to the High Court for conduct of the sale in accordance with the law by auction after due...S. Rajendra Babu, J.— These appeals arise out of interlocutory applications filed in two suits. A suit was filed in TC No. 2 of 1996 in the High Court of Calcutta by United...

...Court should in any case instead of passing a decree for foreclosure pass a decree for sale in favour of the mortgagees, and the omission of Jagannath to raise these pleas was due to the fact that he...resist the foreclosure suit on behalf of the plaintiff either on the ground that the debt was not for legal necessity or was tainted with immorality, or to raise the plea that the Court should in any...case, in lieu of a decree for foreclosure, pass a decree for sale of the mortgaged property. It accordingly held that Jagannath was not a proper person to be appointed as the guardian ad litem of the...

...was set aside. Aggrieved by that order the first purchaser preferred a miscellaneous appeal in the High Court and also made an application for staying further proceedings for re-sale. The High Court...subsequently allowed by the High Court. The application made by Maganlal under Order 21 Rule 90 of the Code was dismissed and the sale in favour of the first purchaser was confirmed. It is this...submission which was made by them was that in any view of the matter the High court after allowing the appeal filed by the first purchaser having confirmed the sale in his favour, an application under...

...before 26th January 1936, and in default, directing the sale of the properties. In execution of this decree, the properties were sold in court-auction sometime in 1936, and purchased by one Chapman, and..., claiming title under a sale deed dated 1- 12-1932 executed by one Lokiah, the husband of Srikantamma, sister of Devamma, and be accordingly filed O.S. No. 92 of 1938-39 in the court of the..., his legal representatives and the plaintiff himself bad admitted again and again in judicial proceedings taken with reference to the suit properties that the decree and sale in 0. S. No. 100 of 1919-20...

...: The Court may 1 - at any time before the passing of a final decree for foreclosure or sale as the case may be, extend the time fixed for payment of the amount found or declared due...) expressly provides that at any time before the final decree for foreclosure or sale is passed the Court may on good cause shown extend the time fixed. This meansthat action under Rule 7(2) may be invoked...mortgage other than a usufructuary mortgage, a mortgage by conditional sale, or an anomalous mortgage the terms of which provide for foreclosure only and not for sale, that the mortgaged property be sold...

.... By the Court sale, the right, title, and interest of the judgment-debtors, as it was modified by the razinama decree, could alone have passed to the appellant. The question for decision then is...foreclosure which will extinguish the mortgagor's rights; but power is also given to order a sale which will secure to the mortgagee the value of the interest remaining to him in the property...mortgage was redeemable upon the owners paying Rupees 10 on the 16th July 1877. But that decree was not put into execution within three years, and it was barred by limitation at the date of the sale...

...Calcutta High Court, modifying the decree of the learned Subordinate Judge which was a decree for sale, passed a foreclosure decree nisi in favour of the plaintiffs whereby it fixed the 3rd of January...such order or orders as to your Lordships appear just and proper”.On the 20th January, 1914, the High Court appointed Babu Siva Nandan Roy, pending the disposal of the appeal to His...appointment of a Receiver, they were at liberty to apply for the final decree for foreclosure and delivery of possession of the mortgaged properties in accordance with the decree of the High Court...

...Code to have the sale set aside, and on the 5th September following the Court disposed of that application, holding on the authority of the case of In the matter of the petition of Bhagabati Churn...1. The appellants, who are the mortgagees of a certain tenure obtained a decree for foreclosure under...the 11th March 1885. In that month the mortgagor applied to the Court under Section 87 to enlarge the time, and on the 6th April the Court made an order fixing the 30th idem as the date on which the...

...execution of sale, the Company had no funds of its own and the amount of consideration, admittedly, having been paid by Sarafs, the Company could not be declared to be the owner thereof by a court of...the representor to enforce his strict legal rights if the representee's conduct was influenced by the encouragement or the representation. However, it was not necessary for the encouragement or...sale had not been acted upon by the parties. Reliance placed on the said agreement by a learned Judge of the High Court was, therefore, unwarranted.61. The High Court in...

..., and that a simple mortgagee may sue for sale but not for foreclosure, but that the Court is to order a sale in the case of a simple or an usufructuary mortgage when the mortgagor sues for redemption...three months from the date of the decree, i.e., 28th June 1887. Respondent, however, failed to pay into Court the amount he was ordered to pay within the appointed time, and his application to...Section 25 of 44 and 45 Vict., Cap. 41, the Court was empowerd to order a sale in a suit for redemption. 5. Passing on to the Transfer of...

...“although the foreclosure only was asked by the claim, the Court could, without requiring it to be amended, make an order for sale on the present claim.”A reference to...right of redemption, the Court may pass a decree for sale instead of a decree for foreclosure [see also section 25(2) of the Conveyancing Act, 1881, 44 & 45 Vict...for sale in lieu of a decree for foreclosure.We do not agree with the view of the Calcutta High Court that article 147 applies only in the case of an English mortgage and we agree with...

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..., Hazra, after the preliminary decree was passed. The Court found that the decree was not in the form of a foreclosure decree but of a mortgage decree for sale. The final decree was passed after notice to...decree for foreclosure is passed, the right to redeem extinguishes.5. In appeal, the First Appellate Court held that the revenue record shows that the plaintiff was in.... Examining as to whether the decree of foreclosure has extinguished the right of redemption available to the plaintiff, for that reliance was placed upon the judgment of the learned High Court in Bank...

...court auction. A receiver was duly appointed, who entered on his duties and took steps for conducting the sale. A proclamation of sale was settled after notice to the parties, on December 5, 1967, and...V.R Krishna Iyer, J.— The appellant in this appeal, by certificate, is the auction purchaser whose sale has been set aside by the High Court in reversal of the decision of the..., therefore, made an application, Miscellaneous Application No. 75 of 1965, in the District Court against Respondents 1, 2 and 3, under Section 31 of the Act, seeking to levy by attachment and sale of the...

...liability of auction purchaser of property at court sale for the arrears of municipal taxes due on the date of sale to the municipal corporation of the city of Ahmedabad which dues are a statutory...Allahabad High Court itself there have been conflicting expressions of opinion. In this Court there being no representation on behalf of the respondent the appeal was heard ex parte...mortgagee this property was auctioned and purchased at court sale by the plaintiff Haji Abdulgafur Haji Hussenbhai (respondent in this Court) for Rs 22,300. He was declared purchaser on November 28, 1954. At...

...Judges of the Calcutta High Court were considering the applicability of Art. 132 to a mortgage by conditional sale. In that case plaintiff the mortgagee asked for a decree for foreclosure and the...Das ILR 34 Cal. 941. In that case also the suit was one for foreclosure of a mortgage by conditional sale. An earlier decision of the Full Bench of the same Court reported in...period of 60 years for instituting a suit by a mortgagee for foreclosure or sale applied to the present suit and that even assuming that Art. 132 applied as was contended before him by the defendant, the...