https://www.taxtmi.com/caselaws?id=275956 After a final decree for sale is passed in a mortgage suit, the mortgagor's statutory right of redemption under Section 60 of the Transfer of Property Act, 1882 is extinguished because the mortgage debt merges in the decretal debt and the mortgage security merges in the decree. The relationship then becomes that of judgment-debtor and judgment-creditor, so redemption under Section 60, including partial redemption, is no longer available. The proper course after the final decree is the procedure under Order 34, Rule 5 of the Code of Civil Procedure, 1908. A redemption suit cannot be maintained as a simple suit for possession when it depends on a subsisting right of redemption that has already ceased. en-us Tue, 20 Feb 1968 00:00:00 +0530 Tue, 23 Oct 2018 18:15:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=275956 After a final decree for sale is passed in a mortgage suit, the mortgagor's statutory right of redemption under Section 60 of the Transfer of Property Act, 1882 is extinguished because the mortgage debt merges in the decretal debt and the mortgage security merges in the decree. The relationship then becomes that of judgment-debtor and judgment-creditor, so redemption under Section 60, including partial redemption, is no longer available. The proper course after the final decree is the procedure under Order 34, Rule 5 of the Code of Civil Procedure, 1908. A redemption suit cannot be maintained as a simple suit for possession when it depends on a subsisting right of redemption that has already ceased. Case-Laws Indian Laws Tue, 20 Feb 1968 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=275956