VASSUDEVA R NHAVELKAR Vs. VISHNUM ATMARAM GAUDE

JUDGEMENT

(1.) This revision petition is directed against the order dated 20-8-1974 allowing respondents application for joining one Gurudas as a defendant in the suit.

(2.) Applicant has brought a suit against the respondents on foot of a mortgage bond dated 18-2-1972. Respondents while admitting execution of the bond set out certain facts to show that the actual debtor was one Gurudas who was in possession of the mortgaged property and he should be added as a defendant. The learned lower Court passed an order that to avoid multiplicity of suits and proceedings the said Gurudas should be joined as a defendant. Plaintiff has now approached this Court for revising the order of the learned Judge.

(3.) Order 34, Rule 1 C. P. C. which governs joinder of parties in mortgage suits is as follows:-