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1922 Supreme(All) 184

PIGGOTT, WALSH
Shiam Saran – Appellant
Versus
Banarsi Das – Respondent


JUDGMENT

1. The suit out of which this appeal arises was for the redemption of a mortgage Of the 7th of July 1891, the debt secured by which amounted to Rs. 1,357.4 0. The plaintiff admitted that the integrity of the mortgage had been broken up and that the first three defendants, impleaded as the heirs of the original mortgagee, have a squired one-half of the equity of redemption. He asserted himself to be the owner of 7/8ths of the remaining half share in the equity of redemption and sued to redeem the mortgage in respect of the said half share, that is to say, so much of the mortgage as affected property of which the mortgagee had net become the owner. He impleaded in the array of defandants all persons who could possibly be regarded as having a claim to any share in the equity of redemption along with himself. The majority of the defendants so impleaded supported the plaintiff's claim and asked that his suit might be decreed as brought.

2. One defendant, by name Ehean Beg, who was admitted by the plaintiff to be the owner of the remaining 1/3th of the unre deemed half share in the mortgage, asked the Court to add him to the array of plaintiffs and to enable him to redeem in this

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