Who are necessary parties for suit relating to mortgages?

 Order XXXIV, Rule 1 of the Code of Civil Procedure, 1908 deals with the parties that must be joined in suits relating to mortgages of immovable property.

Main Provision

"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."

This rule establishes the fundamental principle that mortgage litigation must include all parties who have any legal interest in either:

• The mortgage-security (the mortgaged property itself)

• The right of redemption (the right to recover the property by paying off the debt)

Scope of Application

The rule applies to all types of mortgage suits, including:

• Foreclosure suits

• Suits for sale of mortgaged property

• Redemption suits

Exceptions Under the Explanation

The rule provides two important exceptions:

1. Puisne Mortgagee Rights

• A puisne mortgagee (subsequent mortgagee) may sue for foreclosure or sale without making the prior mortgagee a party to the suit

2. Prior Mortgagee in Redemption Suits

• A prior mortgagee need not be joined in a suit to redeem a subsequent mortgage

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