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    <title>1943 (1) TMI 3 - Lahore High Court</title>
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    <description>A petition for redemption rejected as premature under the Punjab Redemption of Mortgages Act, 1913 was still treated as a proceeding under the Act, because the statutory character of the order depended on its substance rather than its form; on that basis, a second petition was barred by Section 13. Section 12 was not limited to orders expressly decided on the merits, but its application turned on whether a civil suit was in substance to set aside the Collector&#039;s order. Where redemption was refused only because the right had not yet accrued, failure to sue within one year did not extinguish the mortgagor&#039;s later civil right to redeem.</description>
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    <pubDate>Thu, 28 Jan 1943 00:00:00 +0630</pubDate>
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      <title>1943 (1) TMI 3 - Lahore High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=282566</link>
      <description>A petition for redemption rejected as premature under the Punjab Redemption of Mortgages Act, 1913 was still treated as a proceeding under the Act, because the statutory character of the order depended on its substance rather than its form; on that basis, a second petition was barred by Section 13. Section 12 was not limited to orders expressly decided on the merits, but its application turned on whether a civil suit was in substance to set aside the Collector&#039;s order. Where redemption was refused only because the right had not yet accrued, failure to sue within one year did not extinguish the mortgagor&#039;s later civil right to redeem.</description>
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      <pubDate>Thu, 28 Jan 1943 00:00:00 +0630</pubDate>
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