LAWS(SC)-2006-2-56

PHILOMINA JOSE Vs. FEDERAL BANK LTD

Decided On February 02, 2006
PHILOMINA JOSE Appellant
V/S
FEDERAL BANK LTD Respondents

JUDGEMENT

(1.) Challenge in these appeals is to the judgment of a Division Bench of the Kerala High Court. The Civil Revision petitions in proceedings under Order 34 Rule 5 of the Code of Civil Procedure, 1908 (in short the Code) were dismissed by a common judgment dated 2-6-1997.

(2.) Factual position, which is practically undisputed need to be noted in brief.

(3.) The decrees for sale in the above cases were passed on 8-2-1989 and 30-7-1985 respectively. At the time of passing the decrees in the case, amendments as applicable to the State of Kerala were in force. The amendment stood repealed by virtue of Section 97(1) of the Code of Civil Procedure (Amendment) Act, 1976 (Act 104 of 1976) (in short the Amendment Act) which came into force on 1-2-1977.