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Kamla Devi and Ors. Versus Pt. Mani Lal Tewari and Ors.

1975 (9) TMI 190 - SUPREME COURT OF INDIA

Civil Appeal No. 803 of 1968 - Dated:- 22-9-1975 - A.C. Gupta, S. Murtaza Fazal Ali And V.R. Krishna Iyer, JJ. JUDGMENT V.R. Krishna Iyer, J. 1. This appeal by special leave challenges the Order passed in review by the learned single Judge, whereby h .....

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tended that the whole decree was a nullity, because the minor against whom the suit was filed had not been represented properly or in accordance with law. There being no representation of the minor, the decree as against him, was void. Later in the c .....

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ding to decide it on its merits. Anyway, that point is not pressed for the present purpose. 3. Shri Dikshit, secondly, contended that the right to a personal decree had been specifically abandoned in the plaint by the respondent and that, therefore, .....

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ion to the Judgment of the original Court wherein it is stated "It is not disputed that the decree out of which these proceedings have arisen had provided that if the sale proceeds of the mortgaged property were insufficient to satisfy the decre .....

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ated in the plaint and holds good even today, is that while executing the personal decree, the plaintiff will be subject to the provisions of Section 4 of the U.P. Debt Redemption Act 1940. Shri Goyal, appearing for the respondent, even now agrees to .....

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tered mortgage-deed, was not itself by a registered endorsement and, therefore, the plaintiff was entitled to a period of three years only, even if Section 19 may give an extension of limitation. We see no merit in this contention. The function of Se .....

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not The office of Section 19 being to postpone the date of reckoning limitation and not to create a different substantive period of limitation, the latter depends upon the appropriate Article of the Limitation Act which applies to the suit In this ca .....

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