Ranmenika vs Vanderput – clr volume 2 page 138

In the case between Ranmenika (as administratrix of the late Appuhami’s estate) and the administrator of Loku Banda’s estate (first defendant) along with co-mortgagees (second, third, fourth defendants), the court addressed whether a joint mortgagee may sue for recovery of only his share of a debt by naming co-mortgagees as defendants, and the legal effect of an alleged subsequent agreement not executed by proper notarial writing. It was held that a joint mortgagee is entitled to claim only his proportional share by impleading other co-obligees as defendants if they refuse to join as plaintiffs, reaffirming the principle that co-obligees who are unwilling to be parties may be made defendants to such actions. The decision relied on section 17 of the Civil Procedure Code, relevant precedent