MADAN LAL Vs. GHASIRAM

JUDGEMENT

(1.) This appeal by the plaintiffs has been filed in the following circumstances.

(2.) The plaintiffs are members of a joint Hindu family. Braja Nath Marwari, a former karta of the joint family, filed Money suit No. 753 of 1928 against Ram Chandra Singh Modak and others. Daring the pendency of the suit, under the provisions of Order 38 of the Civil P. C., he obtained attachment of three villages Dhargram, Aria and Ramadih, belonging to the Modaks. The attachment was effected on 15-7-1928. On 14-10-1928, the suit was decreed on compromise, the plaintiff getting a decree for Rs. 1,700 payable in certain instalments. The petition of compromise which was made part of the decree contained a provision :

(3.) The purchase by which the plaintiffs became the owners of the property concerned (was ?) during the pendency of the mortgage suit. As such, it is affected by the doctrine of lis pendens. The present right of the plaintiffs to redeem, therefore, depends on whether in the circumstances preceding (heir purchase of the property they were necessary parties to the mortgage suit of 1931. It is contended that they were necessary parties on two grounds, firstly, that by the compromise between Braja Nath Marwari and the Modaks, a charge on the pro-party was created in favour of the joint family, and, secondly, that under Section 91 (f), T. P. Act, as it stood when they purchased the property in the execution sale, they were entitled to redeem the simple mortgage; this right cannot be takers away from them by any transaction or litigation between third parties.