Factual position, which is practically undisputed need to be numbered in brief.
It is thus clear that on the dates when decrees were passed in the case, the Civil Procedure Code was in force in the State of Kerala.
The prayer for redemption in terms of Order 34 Rule 5 of the Code as made by the judgment debtors was rejected.
The High Court held that the petitions under Order 34 Rule 5 were number maintainable on two grounds namely.
At the time of passing the decrees in the case, amendments as applicable to the State of Kerala were in force.
By an amendment effected under Section 122 of the Code, by the High Court of Kerala, Order 34 of the Code as existed before 1.2.1977 was incorporated in the Code with effect from 20.11.1990.
WITH CIVIL APPEAL NOS.
The decrees for sale in the above cases were passed on 8.2.1989 and 30.7.1985 respectively.
1490 91/2000 ARIJIT PASAYAT, J. Challenge in these appeals is to the judgment of a Division Bench of the Kerala High Court.
The Civil Revision petitions in proceedings under Order 34 Rule 5 of the Code of Civil Procedure, 1908 in short the Code were dismissed by a companymon judgment dated 2.6.1997.
