Mortgagee or a person who has got mere charge by operation of law to proceed against substituted property can be impleaded asa party, at any rate, when he seeks to come on record.

Citation

AIR 1968 MADRAS 142

MADRAS HIGH COURT

(Principal Seat at MADRAS)

RAMAMURTI , J.

Civil Revn. Petn. No. 43 of 1965, D/- 16 - 4 - 1965

G. M. V. Krishnamachari Petitioner v. M. D. Dhanalakshmi Ammal and others Respondents

D)Civil P.C. (5 of 1908), O.1 R.10(2) - Suit for partition - Mortgagee or a person who has got

mere charge by operation of law to proceed against substituted property can be impleaded as

a party, at any rate, when he seeks to come on record.

(1892) ILR 16 Bom 608. Rel. on.

 (Para 8) 

(E)Transfer of Property Act (4 of 1882), S.100 - Statutory charge- Differs from a contractual

charge and is based upon principles of justice, equity and good conscience. Obiter.

 (Para 23)