Debts Recovery Tribunal, Patna dismissed an S. application filed by an alleged purchaser of the mortgagor borrower, holding that the applicant is not a party as per the contract since the sale occurred after the mortgage.
S. application dismissed along with all pending LAs; interim order vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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13.07.2023
Date of order or_proceeding
| DEBTS RECOVERY TRIBUNAL, PATNA Order with the Signature of the Court |
Office action taken with data |
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| SA 379 of 2022 | |
| None present for applicant. Ld. counsel for the respondent is present. Ld. counsel for the respondent submits that the applicant is not party as per contract. He implead to the stranger and he did not deposit the amount which was permitted by Tribunal vide order dated 8.12.2022. The present S. application has been filed on the ground with contention |
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| that the applicant is purchaser of the borrower and mortgagor. The sale deed in | |
| favour of the applicant has been filed along with the S. application shows that the alleged property has been purchased subsequent to the mortgage in question. In such circumstances there is no merit of the case, accordingly the S. application is dismissed alongwith all pending lAs if any. Interim order if any stands vacated. |
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| Order to be uploaded on the Tribunal's website. Patna V (Kaushalendra Yadav Presiding Officer |
2 issues framed by the court
Whether an applicant who purchased the mortgaged property subsequent to the mortgage is a party to the recovery proceedings.
Whether the sale deed filed as part of the S. application establishes the applicant's right to be joined.
Applicant
Respondent
Kaushalendra Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
