Thursday, 31 January 2013

civil suit of mortgages of immovable property.


SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY

Order XXXIV of Civil procedure Code,1908.

Parties to suits for foreclosure sale and redemption.

Subject to the provisions of this Code, all persons having an interest either in the mortgage-security or in the right of redemption shall be joined as parties to any suit relating to the mortgage.

Explanation—A puisne mortgagee may sue for foreclosure or for sale without making the prior mortgagee a party to the suit; and a prior mortgage need not be joined in a suit to redeem a subsequent mortgage.

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