Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----Ss. 96, 115, OXX, R.6 & O. XXXIV, Rr.7, 8 & 9---Suit for redemption of mortgage---Mortgagees filed suit for declaration that by lapse of 60 years they had become absolute owners of mortgaged land, while a parallel suit was filed by mortgagors for redemption of mortgage against mortgagees---Trial Court after consolidating both suits, decreed declaratory suit of mortgagees, and dismissed that of mortgagors for redemption of mortgage---Appellate Court below on filing appeal by mortgagors against decision of Trial Court, reversed decree of Trial Court---Mortgagees challenged of Appellate Court below in revision before High Court and raised 4Iwo-fold contentions, firstly, that there being two decrees in two suits, only decree ,in suit filed by mortgagees having been challenged in appeal, other decree not so challenged had become final, thus mortgagors were completely ousted from getting any relief and secondly, that if at all any decree was granted to mortgagors in spirit of O. XX, R. 6 and O. XXXIV, Rr. 7, 8 & 9, C.P.C., only a preliminary decree should have been passed---Record indicated that decree challenged before Appellate Court below, was a composite one and under same decree-sheet suit of mortgagees was decreed and that of mortgagors was dismissed---Even if formality of filing another copy of decree in another suit was not followed and copy of decree was not appended with grounds of appeal, it would make no difference---When composite was passed and challenged in appeal, no procedural illegality and rather technicalities should stand in way of disposal of appeal on merits. Moammad Shamshad v. Haji Allah Rakha 1980 SCMR 397; 1992 SCMR 979 and 1988 SCMR 892 ref. (b) Civil Procedure Code (V of 19118)--- ----OXXXIV, R.1---West Pakistan Redemption and Restitution of Mortgaged Lands Act (XIX of 1964), S.3---Suit for redemption of mortgaged property--­Suit to redeem land was filed by mortgagors against mortgagees after more than 60 years from mortgage of land---Trial Court dismissed suit being filed after lapse of 60 years, but Appellate Court below decreed the same--­Mortgage deed showed that mortgage could…

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