https://www.taxtmi.com/caselaws?id=465316 A transferee of mortgaged property from the mortgagor before institution of a foreclosure suit is a necessary party because the transferee steps into the mortgagor's shoes and acquires the equity of redemption. A decree passed without impleading such a transferee does not bind him and cannot, by itself, operate as res judicata or extinguish the statutory right of redemption. A redemption right is lost only by act of parties or by a valid decree passed in the presence of the necessary party. Where the transferee acquires the whole interest in a defined parcel, he may redeem that parcel on payment of the entire mortgage debt; the bar on partial redemption applies only to a person holding a mere share. en-us Tue, 17 Aug 2021 00:00:00 +0530 Tue, 16 Dec 2025 18:58:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=465316 A transferee of mortgaged property from the mortgagor before institution of a foreclosure suit is a necessary party because the transferee steps into the mortgagor's shoes and acquires the equity of redemption. A decree passed without impleading such a transferee does not bind him and cannot, by itself, operate as res judicata or extinguish the statutory right of redemption. A redemption right is lost only by act of parties or by a valid decree passed in the presence of the necessary party. Where the transferee acquires the whole interest in a defined parcel, he may redeem that parcel on payment of the entire mortgage debt; the bar on partial redemption applies only to a person holding a mere share. Case-Laws Indian Laws Tue, 17 Aug 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=465316