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    <title>1920 (1) TMI 2 - BOMBAY HIGH COURT</title>
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    <description>A condition attached to leave to withdraw an earlier redemption suit could not curtail the mortgagor&#039;s statutory right to file a fresh suit within the limitation period. The Court held that section 374 of the Civil Procedure Code, 1882 left the law of limitation unaffected by permission to withdraw, and that withdrawal with liberty did not extinguish the right of redemption absent an adjudication that the mortgage relationship no longer existed. The suit was therefore not barred merely because it was filed after the two-year condition, and it had to be considered on the merits.</description>
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    <pubDate>Wed, 07 Jan 1920 00:00:00 +0530</pubDate>
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      <title>1920 (1) TMI 2 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=275953</link>
      <description>A condition attached to leave to withdraw an earlier redemption suit could not curtail the mortgagor&#039;s statutory right to file a fresh suit within the limitation period. The Court held that section 374 of the Civil Procedure Code, 1882 left the law of limitation unaffected by permission to withdraw, and that withdrawal with liberty did not extinguish the right of redemption absent an adjudication that the mortgage relationship no longer existed. The suit was therefore not barred merely because it was filed after the two-year condition, and it had to be considered on the merits.</description>
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      <pubDate>Wed, 07 Jan 1920 00:00:00 +0530</pubDate>
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