AI Structured Summary
Not yet generated for this judgment
Judgment
The only point taken in support of this appeal is that the lower Appellate Court erred in not holding that the present suit was liable to dismissal because, under the terms of Section 85 of the Transfer of Property Act, the prior mortgagee had not been impleaded as a defendant. We do not think there is any substance in this contention. We agree in the view taken by this Court in the case of Jaggeswar Dutt v. Bhuban Mohan Mitra 33 C. 425: 3 C.L.J. 205 that under the provisions of Section 85 of the Transfer of Property Act, a prior mortgagee is not a necessary or even a proper party to a suit brought by a subsequent mortgagee. The result, therefore, is that this appeal is dismissed with costs.