State Bank of India v. Beena Kosaraju and 5 Others
Impleading application – Secured creditor – Final decree proceedings in partition suit
Case brief
What is this about?
Madras High Court, A. No. 4377 of 2025 in C.S. No. 76 of 2009 (Dr. R.N. Manjula J., 16.09.2025): dismissal of a third-party impleading application filed by State Bank of India (secured creditor; Recovery Certificate obtained 2017; DRT proceedings pending) seeking to be added as 6th defendant in the final decree proceedings of a 2009 partition suit in which a preliminary decree was passed on 23.12.2016. Key themes: impleadment of third parties, Order XIV Rule 8 Original Side Rules, Section 151 CPC, creditor versus party status, security interest not ownership, subsequent purchaser analogy, rejection of insolvency-proceeding analogy, remedy of secured creditor outside partition suit.
What did the court decide?
Entitlement of security over a property cannot be treated as entitlement to the property itself. ¶2