https://www.taxtmi.com/caselaws?id=311359 The HC of Nagpur upheld the lower court's decision favoring the Plaintiff in a foreclosure suit. The Defendant's appeal, challenging the due attestation of the mortgage, was dismissed as the attestation was sufficiently proven. The Court confirmed that in a mortgage by conditional sale, it lacks discretion to order a sale, thereby affirming the foreclosure decree. Furthermore, the request for Appellant's Counsel fees was denied since the appeal was unsuccessful. en-us Wed, 10 Aug 1949 00:00:00 +0530 Thu, 21 Dec 2023 17:54:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311359 The HC of Nagpur upheld the lower court's decision favoring the Plaintiff in a foreclosure suit. The Defendant's appeal, challenging the due attestation of the mortgage, was dismissed as the attestation was sufficiently proven. The Court confirmed that in a mortgage by conditional sale, it lacks discretion to order a sale, thereby affirming the foreclosure decree. Furthermore, the request for Appellant's Counsel fees was denied since the appeal was unsuccessful. Case-Laws Indian Laws Wed, 10 Aug 1949 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311359