Is there any limitation period to file application for final decree


Whether any Limitation is there to file Application to pass Final decree proceeding on preliminary decree of mortgage suit?


Answers (1)

Dear Sir,

It is a period of 3 years within which you have to file application for final decree from the date of preliminary decree.

Civil Procedure Code, 1908, Order 34 - Rule 15(2) -- Execution - Preliminary decree passed in a suit for mortgage cannot be executed without obtaining final decree.

Civil Procedure Code, 1908, Order 34 - Rule 15(2) -- Mortgage suit - O.34.R.15(2) CPC is a separate and independent clause meant to give speedy relief to decree holder who gets a charge for the first time under the decree as there is no question of any equity of redemption remaining with debtor in that situation.

Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Right of redemption of a mortgage should be kept alive beyond passing of final decree till even the appeal or other remedies against orders refusing to set aside sale are passed finally.


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