Mera Samvidhaan All of Code of Civil Procedure, 1908

Order XXXIV · Suits relating to mortgages of immovable property

1Parties to suits for foreclosure sale and redemption.

Order 34, Rule 1

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.

Explanation.—A puisne mortgagee may sue for foreclosure or for sale without making the prior mortgagee a party to the suit; and a prior mortgagee need not be joined in a suit to redeem a subsequent mortgage.

Order 34, Rule 1 of The Code of Civil Procedure, 1908 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.