SAMEERA RASHEED Vs. AMINA BAI

JUDGEMENT

(1.) 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 3.10.1986. 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 29.11.1967. The judgment-debtor died on.19.9.1978. 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.) CONSEQUENTLY, the order of the court below is set aside. The petitioner is impleaded as a party to E.P.No.186 of 1980 in O.S.No.4151 of 1965 on the file of the X Assistant Judge, City Civil Court, Madras. This revision petition is allowed. No costs.