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1916 Supreme(All) 348

HENRY RICHARDS, RAFIQUE
Shankar Lal – Appellant
Versus
Latafat Ali – Respondent


JUDGMENT

1. This appeal arises out of a suit brought by the plaintiff under the provisions of Section 82 of the Transfer of Property Act. The plaintiff contends that there was a mortgage which affected properties which are mentioned in lists A and B attached to the plaint. He is the purchaser of one of the items mentioned in list A. The suit was brought on foot of the mortgage and the property in list A only was sold. This was sufficient to satisfy the mortgage-decree. He made defendants to the suit all the persons whom he believed, as he alleged, to be the purchasers of the properties mentioned in list B. He omitted to make parties to the suit some of the other purchasers of the property mentioned in list A. The Court of first instance dismissed the plaintiff's suit on two grounds: (1) that one of the purchasers of the property mentioned in list B was not made a party, (2) that he had failed to prove the values of the several properties. The lower Appellate Court dismissed the appeal.

2. The plaintiff comes here in second appeal, and contends that he ought to have been alloved an opportunity of bringing the necessary parties on to the record and that the valuation of the property ou

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