MALLIKARJANUDU SETTI Vs. LINGAMURTI PANTULU

JUDGEMENT

(1.) Following the opinion of the Full Bench vide Mallikarjanudu Setti V/s. Lingamurti Pantulu &c., I.L.R. 25 M. 244 we hold that the provisions of Section 310A of the Civil Procedure Code are applicable to a sale of mortgaged property sold under a mortgage decree; but in the present case the applicant under Section 310-A. is a second mortgagee who was not made a party to the suit. This interest, therefore, could not have passed under the sale which he seeks to set aside under Section 310A, for his right to redeem the prior mortgage will continue notwithstanding the decree and the sale thereunder.

(2.) We hold, therefore, that he is not a person whose immoveable property has been sold within the meaning of Section 310-A. He has, therefore, no locus standi to apply under that section.

(3.) We set aside the order of the lower appellate Court and restore that of the District Munsif, but on the ground stated above. Bach party will bear his own costs throughout.