Supreme Court · 1968 INSC 334 · Decided 6 December 1968

Soli Pestonji Majoo & ORS. v. Gangadhar Khemka

Court
Supreme Court of India
Citation
1968 INSC 334 · [1969] 3 S.C.R. 33
Case number
CIVIL APPEAL No. 24/1966
Decided
6 December 1968
Bench
J.C. SHAH, V. RAMASWAMI, A.N. GROVER (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Transfer of Property Act

Headnote

33 Practice and Procedure-Mortgage-Suit by first mortgagee-Puisne niortgagee a party-D.ecree passed but no sale-Prior mortgagee .Paid off by mortgagor-Suit by puisne mortgagee on his mortgage-Prayer for decree in Form SA Appendix D. C.P.C.-lf suit maintainable. Code of Civil Procedure (Act 5 of of suit-Contractual rate if should be decreed. The owner of a property executed three mortgages in favour of three persons on three different dates. The first mortgagee filed a suit to which he made the two puisne mortgagees also parties. A decree was passed against the mortgagor in Form 9,

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