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Judgment
Following the opinion of the Full Bench vide Mallikarjanudu Setti v. Lingamurti Pantulu &c. ILR 25 M. 244 we hold that the provisions of
Section 310A of the CPC are applicable to a sale of mortgaged property sold under a mortgage decree; but in the present case the applicant u/s
310-A. is a second mortgagee who was not made a party to the suit. This interest, therefore, could not have passed under the sale which he seeks
to set aside u/s 310A, for his right to redeem the prior mortgage will continue notwithstanding the decree and the sale thereunder.
We hold, therefore, that he is not a person whose Immovable property has been sold within the meaning of Section 310-A. He has, therefore,
no locus standi to apply under that section.
We set aside the order of the lower appellate Court and restore that of the District Munsif, but on the ground stated above. Bach party will bear
his own costs throughout.