SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1990 Supreme(Mad) 967

SRINIVASAN
Sameera Rasheed by her Power Agent M. Abdul Rasheed – Appellant
Versus
Amina Bai and Others – Respondent


Advocates:
S.Md.Abdahir, for A.J.Abdul Razack, and K.Sikkander, for Petitioner. R.Sundaravaradhan, Senior Counsel, for Respondent No.1.

Judgment :-

C.R.P.No.3159ofl989: This revision is directed against an order dismissing the application filed by the petitioner to implead herself as a party to the execution proceeding. The petitioner is a purchaser from the second respondent under a document dated 10. 1986. Respondents 2 and 3 are the legal representatives of the deceased judgment debtor against whom the first respondent has obtained a decree on foot of a mortgage. The final decree was passed on 211. 1967. The judgment-debtor died on.19. 1978. Respondents 2 and 3 were impleaded in the execution petition as the judgment-debtor’s legal representatives.

2. The petitioner filed E.A.No.3323 of 1986 for impleading herself as a party to the execution proceeding claiming that she is an interested and necessary party to the proceeding, as she has purchased the property from one of the legal representatives of the judgment-debtor. The court below dismissed the application on the ground that the petitioner will be bound by the decree in the suit as she is a subsequent purchaser from one of the legal representatives.

3. The order of the court below is erroneous. Even though the decree is binding on the petitioner he is an in















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top