K ANANDHI Vs. MARATHON ELECTRIC INDIA PRIVATE LIMITED

JUDGEMENT

(1.) This appeal has been filed by the appellant pursuant to the dismissal of the application in which she sought to implead herself as a party defendant in the suit. The learned single Judge dismissed it on the ground that the application is belated and the appellant is not a bonafide purchaser.

(2.) Learned counsel appearing for the appellant would submit that the question as to whether the appellant is a bonafide purchaser or not is a matter to be decided in the suit. Admittedly, the appellant has purchased the property. Thee suit is only for recovery of money on a mortgage. Therefore, the appeal will have to be allowed. Incidentally, it is submitted that an affidavit has also been filed stating that the appellant will not alienate, create charge or encumber the schedule mentioned property till the disposal of the suit.

(3.) Learned counsel appearing for the plaintiffs/contesting respondents would submit that the sale has been effected after the mortgage. Therefore, the finding of the learned single Judge cannot be assailed.