High Courts(1903) 01 MAD CK 0008

Sabapathy Patter and Another vs Murukhan and Others

Madras High Court · Decided on 20 January 1903 · Citation: (1903) 13 MLJ 266

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Judgment

6 paragraphs · 133 words
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 ILR 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.