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PLRonline.in

CPC O. 7 R. 11(d) – Court at that stage would not consider any evidence or enter into a disputed question of fact or law

TPA S. 58(c) – Conditional Sale – Mortgage – If the sale and agreement to repurchase are embodied in the separate documents then the transaction cannot be a “mortgage by conditional sale” irrespective of whether the documents are contemporaneously executed;

TPA S. 58(c) – Mere incorporation of the word “borrowed” and “mortgage by conditional sale” cannot by itself establish that there is a debtor-creditor relationship.

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