PARDAS SINGH Vs. DWARKA SINGH

JUDGEMENT

(1.) THE point raised in this appeal is concluded by a great weight of authority. THE right of redemption, it has been held, is not lost until the order absolute for foreclosure is made. In other words, that the mortgagor can redeem the mortgaged property before the decree is made absolute. This was decided in the case of Poresh Nath Mojumdar V/s. Ramjadu Mojumdar 16 C. 246; Audhia V/s. Baldeo Pershad Singh 21 C. 818 at p. 824; Ramesh V/s. Ram Krishna 27 C. 705; Narayana Reddi V/s. Papaya 22 M. 133; Nabati V/s. Mitter Ken 20 A. 446 and Salig Ram v. Muradan 25 A. 231. THE learned Vakil for the appellant, however, relies upon the case of Ram Lal V/s. Tulsha Kunwar 19 A. 180, which is certainly in favour of the view presented by him. That case, however, was not followed by one of the learned Judges who took part in the decision and it has never, so far as we are aware, been followed in any Court. We dismiss the appeal.