In Brief
A mortgagor sold part of mortgaged land to the plaintiff before a mortgagee filed a foreclosure suit. The mortgagee obtained a foreclosure decree without impleading the plaintiff. The Supreme Court held that the plaintiff was a necessary party to the foreclosure suit under the Transfer of Property Act and the Code of Civil Procedure. A decree passed without impleading a necessary party is void. The plaintiff, having purchased the mortgaged land, acquired the complete right of redemption and became entitled to redeem by depositing the full mortgage amount. The Court set aside the High Court's judgment and restored the First Appellate Court's order, granting the plaintiff three months to deposit the mortgage amount and recover possession.
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