Rule 8 of CPC : Rule 8: Final decree in redemption suit.
CPC
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Explanation using Example
Example 1:
Scenario: Ramesh has mortgaged his house to Suresh for a loan. Ramesh fails to repay the loan on time, and Suresh files a redemption suit to recover the loan amount.
Application of Rule 8:
- Before Final Decree: Before the court passes a final decree that would prevent Ramesh from redeeming his house, Ramesh manages to gather the money he owes and deposits it into the court.
- Court's Action: Ramesh applies to the court, and the court orders Suresh to:
- Deliver all the mortgage documents back to Ramesh.
- Re-transfer the house back to Ramesh at Ramesh's cost.
- Put Ramesh back in possession of the house.
Example 2:
Scenario: Priya has mortgaged her shop to Anil. Priya fails to repay the loan, and Anil gets a final decree from the court to sell the shop. The shop is sold to a third party, Rajesh.
Application of Rule 8:
- After Sale but Before Confirmation: Before the sale is confirmed, Priya manages to arrange the money she ...
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