First Schedule — Order XXXIV: Suits Relating to Mortgages of Immovable Property

Order 34 Rule 1 — Parties to suits for foreclosure sale and redemption

Code of Civil Procedure, 1908 · Free to read

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 mortgagee need not be joined in a suit to redeem a subsequent mortgage.