In Brief
A mortgagor sold mortgaged land to the plaintiff in 1964 before a foreclosure suit was filed against the mortgagors in 1965. The mortgagee obtained a decree for foreclosure without impleading the plaintiff-purchaser, and took possession. The plaintiff sued to redeem the property. The High Court dismissed the redemption suit, but the Supreme Court allowed the appeal. The Court held that the plaintiff, as a purchaser who acquired title before the foreclosure suit, was a necessary party under the Transfer of Property Act and CPC. The foreclosure decree obtained without impleading him was void. The plaintiff retained the statutory right to redeem by paying the full mortgage amount and was entitled to restoration of possession within three months.
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