Mussammat Sukhi vs Gulam Safdar Khan on 19 April, 1921
14. The facts of the case in the above decision are similar to the facts of the present case. The Privy Council has laid down that if the puisne mortgagee brings the suit on his mortgage, the auction purchaser in execution of the prior mortgage decree, can use the prior mortgage right as a shield and claim payment of the amount due under the prior mortgage decree. In the present case, the prior mortgagee, namely, the second defendant brought the properties to sale in execution of decree on his mortgage without impleading the puisne mortgagee, namely, the present plaintiff in his suit and now, the puisne mortgagee, namely, the plaintiff has brought the present suit on her mortgage seeking for a decree for sale in her favour and in such circumstances, the auction purchaser, namely, the third defendant can claim payment of the amount due under the prior mortgage decree from the plaintiff herein.