Law:

Section:

(a) Civil Procedure Code (V of 1908)-------0. XXXIV, RA(1)(2)---Final decree---Limitation---Extension of period of limitation---Decree-holder sought extension in time on the ground that the -debtor made certain payments towards satisfaction of decree after the period of limitation---Validity---Such payment made after expiry of the period of limitation for passing a final decree would not revive the period of limitation which had already lapsed. (b) Civil Procedure Code (V of 1908)-------O.XXXIV, R.4(2)---Final decree---Limitation---Extension of period of limitation---Jurisdiction of Court---Scope---Discretion conferred on the Court relates to the extension of time for payment of decretal amount by the -debtor after the sale and before its confirmation as well as in a case in which no sale had taken place at all. (c) Civil Procedure Code (V of 1908)-------O.XXXIV, R.4(2)---Final decree---Limitation---Right to apply for final decree---Accrual of such right---Scope---In mortgage suit in which the preliminary decree has been passed stipulating the, period within which the defendant is directed to make payment in Court or within the time extended by the Court, in the event of the failure of the defendant to discharge his obligation under the preliminary decree, right to apply to the Court would accrue on expiry of the date prescribed in the preliminary decree or extension, if any, granted by the Court which passed the decree. (d) Civil Procedure Code (V of 1908)-------0. XXXIV, Rr. 2 & 4---Redemption of mortgaged property--­Preliminary decree---Right to redeem a mortgage and a right to recover a mortgaged debt-=-Distinction---Both the rights are different and distinct from each other, they are neither co-extensive nor co-existent---Right to recover mortgage debt starts after passing of preliminary decree but on the failure of defendant/ -debtor, decree-holder is required to take steps for passing a preliminary decree execution whereof can be sought in law within 3 years from the date of the decree---Where preliminary decree is in appeal before a higher forum, the period of limitation would run from the date of the Appellate Court's decree and to that extent the…

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