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Section 85: Parties to suits for foreclosure, sale and redemption [Repealed]

Transfer of Property Act • Official Statutory Text & Practice Guide

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Act 1882
Section 84 All 137 Sections of Transfer of Property Act Section 86

Legal Commentary & Landmark Judgments: Section 85

Section 85 historically governed parties to mortgage suits (repealed and codified in Order 34 Rule 1 of the Code of Civil Procedure, 1908).

  • Historical Parties Provision: Required all persons having an interest in the mortgage-security or equity of redemption to be joined as parties to mortgage suits.
  • Codification in CPC: Repealed by CPC, 1908 and re-enacted word-for-word in Order 34 Rule 1 CPC.
Key Landmark Precedents:
  • J.P. Builders v. A. Ramadas Rao, (2011) 1 SCC 429: The Supreme Court noted that Order 34 Rule 1 CPC inherited Section 85 TPA, mandating that all encumbrancers must be joined in mortgage suits to pass complete title.
  • Nahar Industrial Enterprises Ltd. v. Hong Kong & Shanghai Banking Corp., (2009) 8 SCC 646: Affirmed the civil court procedure governing mortgage decrees under Order 34 CPC.
Courtroom Practice & Strategic Litigation Guidance:

In mortgage litigation, refer to Order 34 Rule 1 CPC for mandatory joinder of parties; omitting an encumbrancer renders the mortgage sale non-binding on that party.

Section 84 All 137 Sections of Transfer of Property Act Section 86