ANESHWAR PRASAD Vs. MISRI LALL
LAWS(PAT)-1960-7-4
HIGH COURT OF PATNA
Decided on July 27,1960

ANESHWAR PRASAD Appellant
VERSUS
MISRI LALL Respondents


Referred Judgements :-

SUKHA GANDA V. CHAMRA SASPASTHY [REFERRED TO]
STEPHENS V. CUCKFIELD RURAL DISTRICT COUNCIL [REFERRED TO]
KHUB LAL UPADHYA V. JHAPSI KUNDU [REFERRED TO]
BALAJI VINAYAK BUTI V. VITHOBA [REFERRED TO]
ADAM KHAN V. DATTARAM [REFERRED TO]
KASI CHETTIAR V. RAMASAMI CHETTIAR FIRM [REFERRED TO]
COMMISSIONER OF LNCOME TAX BOMBAY VS. AHMEDBHAI UMARBHAI AND CO BOMBAY [REFERRED TO]
JADDU KOERI VS. DEEP CHAND KOERI [REFERRED TO]
(JALMANA) VEERARAGHAVALU NAIDU VS. SURYANARAYANA PANDA [REFERRED TO]
ADJAI COAL CO. LTD. V. PARMA LAL GHOSH [REFERRED TO]



Cited Judgements :-

RAMBUDDI VEERASWAMY VS. RAMBUDDI JANGAMMAYYA [LAWS(APH)-1969-4-23] [REFERRED TO]
PACHAKHAN VS. H D GOPALAKRISHNA RAO [LAWS(KAR)-1974-7-17] [REFERRED TO]
GURSEWAK SINGH VS. RAM CHAND [LAWS(P&H)-1992-12-20] [REFERRED TO]
BANSI LAL VS. SHRI JAI KARAN DASS AND ORS. [LAWS(HPH)-1973-7-10] [REFERRED TO]
VASSUDEVA R NHAVELKAR VS. VISHNUM ATMARAM GAUDE [LAWS(BOM)-1975-7-59] [REFERRED]


JUDGEMENT

Raj Kishore Prasad, J. - (1.)This plaintiffs' appeal, which arises out of a suit for redemption brought by them against the respondents is from the Judgment of Mr. J. C. Sinha,' then. Subordinate Judge, third Court, Gaya, who reversed the decree of the trial Court against defendants 7(a), 7(b), 7(c), 9, 9fa) and 9(h), and, dismissed the suit as against them, on the ground that they, being trespassers in possession of the mortgaged properties in suit, were not necessary parties to the suit.
(2.)The suit was decreed against all the defendants by the trial Court, but, on appeal, it was dismissed as against the fust mentioned defendants, who only were the appellants in the court of appeal below. The decree as against the other defendants was not challenged, and, therefore, it stood affirmed.
(3.)The sole question for determination, in the appeal, is whether the above mentioned defendants had been improperly joined as parties to the suit, and, whether the suit has rightly been dismissed against them by the court of appeal below?


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