Madras High Court
Kesavan And Ors. vs Sankaran Nambudri And Ors. on 10 February, 1897
Equivalent citations: (1897)7MLJ266
JUDGMENT
1. The mortgagees were not made parties to the appeal either in this Court or in the Lower Appellate Court, though Section 85 of the Transfer of Property Act expressly requires that they should be made parties. The appellants' vakil applies that they may now be made parties and explains that he was not able to make them parties to this second appeal, as they had not been made parties in the Lower Appellate Court. He is, however, unable to give any satisfactory reason for the omission in that Court.
2. In these circumstances, we think, we are bound to follow the ruling of this Court in second appeals 51 of 1892 and 1476 of 1889, and dismiss the second appeal with costs on the ground that the appellants have not complied wir,h the requirements of Section 85 of the Transfer of Property Act.