DHARAM CHAND Vs. RAM CHAND

JUDGEMENT

(1.) THIS is a revision against an order of the lower appellate Court refusing to grant an application under O. 22, R. 10, Civil P. C. (hereafter referred to as the Code), of the successful pre-emptors to be substituted for the original vendee who had brought a suit for redemption against the mortgagees. The facts as are necessary may be stated as under:-The property in dispute was mortgaged with Ram Chander, Khubi and Kishan. The owners sold the smae to Badri Parshad, plaintiff in the suit out of which the present revision has arisen. Badri Parshad filed a suit against the mortgagees for possession of the property by way of redemption. A preliminary decree for redemption was passed on payment of Rs. 1,850/- on 12th August, 1966, and it was directed that the payment shall be made within six months.

(2.) MEANWHILE Dharam Chand and Mst. Shanti brought two suits for possession of their respective shares by pre-emption, which were decreed on 6th August, 1968. As a result of this, in law, they got "substituted" for Badri Parshad so far as the original sale by the owners was concerned. They then filed an application under order 22, Rule 10 of the Code to be substituted for Badri Parshad in the suit.

(3.) A number of objections were taken and three issues were settled. All these issues were found in favour of Dharam Chand etc. and the application was granted. On an appeal filed by the mortgagees, the lower appellate Court reversed the finding of the Court below on issue No. 1, which was as follows:--"whether the petitioners are assignees of Badri Parshad plaintiff?"