SAMINATHIER Vs. ADINARAYANA SAMIER

JUDGEMENT

(1.) The appellant is the assignee under Exhibit II (b) of the mortgage granted by Khadir and his wife as Ramchandra Naik under Exhibit II (a). He put forward his claim under Exhibits II (a) and II (b) in his written statement and that is made the subject of a third issue. We think, therefore, that the Judge is wrong in refusing to adjudicate on his claim. It is unnecessary to make him a party expressly as an assignee when he is already a party to the suit. We, therefore, direct the Judge to return a finding on this issue. Further evidence may be taken.

(2.) The finding should be submitted within one month after the re opening of the District Court, and seven days will be allowed for filing objections.

(3.) In compliance with the above order, the District Judge submitted the following FINDING