Loos vs Scharenguivel – clr volume 1 page 047

In the matter between the plaintiffs, mortgagees (including those who previously obtained a decree against mortgagors such as F. S. Thomasz), and the defendant, a subsequent purchaser of the mortgaged property, the court examined the procedural validity of adding a third party (the mortgagor/debtor) to the proceedings. The core legal issue centered on compliance with section 18 of the Civil Procedure Code—which requires notice to and the hearing of all parties when a third party is to be joined—modeled on the English Order XVI procedure. The existing proceedings were challenged on the basis that the mortgagor was not afforded proper notice, rendering the process defective. The court held that strict observance of procedural requirements for joining parties is paramount and remanded the act