MAHABIR SINGH Vs. NARAIN TEWARI

JUDGEMENT

(1.) A simple mortgage had been executed in 1907 by one Sheo Nath in favour of Mahabir Singh. Sheo Nath died and was succeeded by his son Chandi. Before his death Sheo Nath had sold a part of the mortgaged property to Shri Bhagwat.

(2.) In 1915 Mahabir Singh sued on his mortgage against Chandi and Shri Bhagwat and obtained a preliminary decree for sale on 22 December, 1920 against both.

(3.) Shri Bhagwat died after the passing of the preliminary decree. Then Mahabir Singh applied for the preparation of the final decree but omitted to implead the legal representatives of Shri Bhagwat. The Court actually declared that the application had abated as far as the property held by Sri Bhagwat deceased was concerned. A final decree was passed against Chandi alone. The name of Shri Bhagwat was of course not shown as a judgment-debtor in the decree but the whole mortgaged property was included in it.