Under ________, redemption of mortgage can be sought by any one of the legal representatives after…
Order XXXIV deals with suits relating to mortgages, and rule 1 governs the parties: all persons having an interest in the mortgage security or in the right of redemption are…
Choose your answer
Under ________, redemption of mortgage can be sought by any one of the legal representatives after death of the mortgagor.
Answer and explanation
Correct answer A
Order XXXIV deals with suits relating to mortgages, and rule 1 governs the parties: all persons having an interest in the mortgage security or in the right of redemption are to be joined. A legal representative succeeding to the mortgagor's interest can seek redemption, with the other interested persons joined as required; every representative need not sue as a plaintiff. Orders XXXIII, XXXII and XXXI deal with indigent persons, minors and trustees respectively, not mortgage redemption.
Current law: The relevant central CPC rule remains materially unchanged for the issue tested. The corresponding redemption rights under the Transfer of Property Act remain relevant.
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