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Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): K. G. Balakrishnan, B. N. Srikrishna , JJ

(A) Transfer of Property Act (4 of 1882) , S.60— Redemption of mortgaged property - Suit filed before expiry of term of mortgage - Dismissed by trial Court on ground that it was premature - High Court allowed appeal taking view that since plaintiff had stated that he would not seek delivery of possession before stipulated time, suit could be heard on merits and hence matter remitted - Erroneous and not justified - Order not challenged and proceedings continued before lower appellate Court - Since remand order itself was bad in law, all further proceedings consequent thereto - Would be non est and liable to be set aside. S. A. No. 1259 of 1982, D/- 17-9-1996 (All), Reversed.Gangadhar v. Shankar Lal, AIR 1958 SC 770, Foll. (Para 16 17) (B) Civil P.C. (5 of 1908) , S.107, O.41 R.23— Order of remand - Challenge as to - Limitation - Order passed in 1966 - Challenged in 1999 after final judgment - It being an interlocutory order which did not terminate proceedings, it is open to aggrieved party to challenge it after final judgment. Satyadhyan v. Smt. Deorajin, AIR 1960 SC 941 and Kshitish Ch. Bose v. Commr., AIR 1981 SC 707, Foll. (Para 15) .....