SUPREME COURT OF INDIA
J.P. Builders v/s A.R. Rao
2011 (1) SCC 429 : 2011 (3) AWC 2698 : 2011 AIR (SO 230 2011 (2) ARC 716 : 2011 (1) SCC (Civ.) 227
T.P. Act(1882 - Ss. 56 & 81 - Doctrine of Marshaling - Parties entered into contract of sale and purchase of property which was already mortgaged - suit by vendee against vendor and Bank decreed - Held, doctrine of marshaling available to subsequent purchasers in view of provisions of
S. 81 of the Act which are attracted to sales and also to mortgages - Doctrine of Marshalling applicable in absence of pleading, as it is pure question of law - Enactments like recovery of debts due to Banks and Financial institutions Act, 1993 not bar for applying doctrine of Marshalling - Plea that other property of debtor is available, no ground to not to apply doctrine of marshalling