KABIDI VENKU SAH versus SYED ABDUL HAI AND OTHERS

KABIDI VENKU SAH versus SYED ABDUL HAI AND OTHERS

A simple mortgagee, having no interest in the equity of redemption and not enjoying possession on the date of attachment, is not a competent person to file a claim petition under Order 21 Rule 58 CPC objecting to the attachment of the equity of redemption.

Parties
Appellant: Kabidi Venku Sah; Respondent: Syed Abdul Hai; Respondent: Sharada Bai; Third Party: Vittal Sah
Jurisdiction
India
Judgment Date
28 September 1983
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment in Civil Revision Petition
Outcome
Appeal dismissed
Legal Topics
Attachment Before Judgment, Order 21 Rule 58 CPC, Order 38 Rule 5 CPC, Simple Mortgage, Claim Petition, Equity of Redemption
Civil Procedure Attachment Before Judgment Order 21 Rule 58 CPC Order 38 Rule 5 CPC Simple Mortgage Claim Petition Equity of Redemption

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Parties

Kabidi Venku Sah

Appellant

Syed Abdul Hai

Respondent

Sharada Bai

Respondent

Vittal Sah

Third Party

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment in Civil Revision Petition

Legal Issues

  1. 1 Whether a simple mortgagee without interest in the equity of redemption and not in possession can file a claim petition under Order 21 Rule 58 CPC objecting to attachment of property

Ratio Decidendi

A simple mortgagee, having no interest in the equity of redemption and not enjoying possession on the date of attachment, is not a competent person to file a claim petition under Order 21 Rule 58 CPC objecting to the attachment of the equity of redemption.

Court Disposition

Appeal dismissed

Orders

  • Appeal fails and is dismissed without costs