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Order XXXIV Rule 1 CPC - Parties to suits for foreclosure sale and redemption

Order 34 Rule 1 of Code of Civil Procedure 1908 - Parties to suits for foreclosure sale and redemption

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 arties to any suit relating to the mortgage.

Explanation.- A puisne mortgagee may sue for foreclosure or for sale without making the prior mortgagee a party to the suit; and a prior mortgagee need not be joined in a suit to redeem a subsequent mortgage.     

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