BALDEO PRASAD Vs. BHOLA NATH

JUDGEMENT

(1.) This is a second appeal against concurring decrees of the two lower Courts dismissing the suit of the plaintiffs-appellants for recovery of the mortgage money on two hypothecation bonds dated 27 March 1911 and 12 August 1911 Defendants represent the mortgagors. On the other the plaintiffs, although they are the descendants of the original mortgagees, only own five-ninths of the mortgagee rights. By a partition deed dated 10 September 1917 two mortgagees divided their mortgagee rights with their four brothers, who acquired by this partition four ninths of the mortgagee rights. The owners of these four- ninths were not parties to the suit as brought on 7 August 1923.

(2.) The mortgage money in the first bond was due for payment on 27 March 1912, and the mortgage money in the second bond was due on 18 May 1912. On 3 July 1924 the plaintiffs applied asking that the present owners of the remaining four-ninths of the mortgagee rights should be added as parties to the suit. Limitation for these persons to sue as plaintiffs had elapsed before that date. The application was refused.

(3.) Order 34, Rule 1, lays down: Subject to the provisions of this Code, all persons having an interest either in the mortgage-security or in the right of redemption shall be joined as parties to any suit relating to the mortgage.