Final decree and equity of redemption: later assignee could not defeat redemption or raise a collateral jurisdiction challenge.
A final decree upholding an alienation binds the parties to the suit and their assignees, so a later assignee cannot dispute the plaintiff's title to redeem the mortgaged properties. An objection that the earlier decree was passed by a court lacking pecuniary jurisdiction does not amount to a collateral challenge to an inherently void decree and cannot defeat the decree after finality has attached. As the vendor had already conveyed his rights and no enforceable interest remained in the later assignee, he had no equity of redemption to confine redemption to a fractional share. The plaintiff was entitled to redeem the entire properties.
Issues: (i) Whether the decree in the earlier suit challenging the alienation, after attaining finality, barred the subsequent assignee from disputing the plaintiff's title to redeem the properties. (ii) Whether the later finding that the earlier decree was passed by a court lacking pecuniary jurisdiction could displace the effect of that final decree. (iii) Whether the subsequent assignee had any right in the equity of redemption so as to limit the plaintiff's redemption to a fraction of the properties.
Issue (i): Whether the decree in the earlier suit challenging the alienation, after attaining finality, barred the subsequent assignee from disputing the plaintiff's title to redeem the properties.
Analysis: The earlier suit had directly put in issue the validity of the alienation made by the vendor in favour of the plaintiff, and the challenge was negatived on merits. The decree was not pursued in appeal and therefore became final. The decision bound the parties to that suit and their assignees, and its effect could not be avoided by a later claim founded on the same rights.
Conclusion: The final decree in the earlier suit operated against the subsequent assignee and barred him from questioning the plaintiff's title derived from the alienation.
Issue (ii): Whether the later finding that the earlier decree was passed by a court lacking pecuniary jurisdiction could displace the effect of that final decree.
Analysis: An objection to pecuniary jurisdiction is not the same as an inherent absence of jurisdiction. Such an objection must be raised at the earliest opportunity and is not available as a collateral attack after the decree has become final, especially where the issue of valuation had already been dealt with in the earlier suit. A later court could not ignore the earlier decree merely on the basis of a supposed pecuniary defect.
Conclusion: The later finding on pecuniary jurisdiction could not nullify or neutralize the binding effect of the earlier final decree.
Issue (iii): Whether the subsequent assignee had any right in the equity of redemption so as to limit the plaintiff's redemption to a fraction of the properties.
Analysis: By the time of the later assignment, the vendor had already conveyed whatever rights he had to the plaintiff, and the rights of the wife and sons had already been lost on the final adjudication in the earlier suit. The subsequent assignee therefore acquired no enforceable interest against the plaintiff and could not restrict redemption to a fractional share.
Conclusion: The subsequent assignee had no right in the properties or the equity of redemption, and the plaintiff was entitled to redeem the entire properties.
Final Conclusion: The decrees of the High Court were unsustainable, and the plaintiff succeeded in obtaining redemption of the whole of the mortgaged properties.
Ratio Decidendi: A final decree upholding an alienation binds the parties and their assignees, and a collateral objection to pecuniary jurisdiction cannot be used to defeat its legal effect after finality has attached.
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