Rule 1 of CPC : Rule 1: Parties to suits for foreclosure, sale and redemption.
CPC
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Explanation using Example
Example 1:
Ravi took a loan from Bank A and mortgaged his house as security. Later, he took another loan from Bank B using the same house as security. Ravi failed to repay the loan to Bank B, and Bank B decided to file a suit for foreclosure to recover the loan amount. According to Rule 1 of Order XXXIV of the Code of Civil Procedure 1908, Bank B can file the suit for foreclosure without making Bank A (the prior mortgagee) a party t...
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