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Sabapathy Patter and anr. Vs. Murukhan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1903)13MLJ266
AppellantSabapathy Patter and anr.
RespondentMurukhan and ors.
Cases ReferredVedapuratti v. Vallabha Valia Raja I.L.R.
Excerpt:
- 1. having regard to the fact that under the decision of the courts prior to the recent full bench decision reported in vedapuratti v. vallabha valia raja i.l.r. 25 m. 300, a redemption decree was not regarded as a bar to a second suit for redemption, and that the petitioners were thereby misled as to the necessity for redeeming strictly within the time limited by the decree on pain of altogether losing the right to redeem. we think the subordinate judge might properly in the exercise of his discretion have extended the time for redemption granted by him in the appeal against the decree. we accordingly extend the time to three months from this date, but we direct the appellants to pay the respondent's costs in this appeal and in the lower court.
Judgment:

1. Having regard to the fact that under the decision of the Courts prior to the recent Full Bench decision reported in Vedapuratti v. Vallabha Valia Raja I.L.R. 25 M. 300, a redemption decree was not regarded as a bar to a second suit for redemption, and that the petitioners were thereby misled as to the necessity for redeeming strictly within the time limited by the decree on pain of altogether losing the right to redeem. We think the Subordinate Judge might properly in the exercise of his discretion have extended the time for redemption granted by him in the appeal against the decree. We accordingly extend the time to three months from this date, but we direct the appellants to pay the respondent's costs in this appeal and in the lower Court.


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