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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JITENDRA JAIN
In the matter of Sitabai Naik (since deceased) – Appellant
Versus
Kannaiyalal Purshottamdas Shah – Respondent
| Table of Content |
|---|
| 1. impleadment application by successor under o.xxii r.10 cpc (Para 1 , 2 , 3) |
| 2. devolution of rights via deaths and transfers to ysr (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. no abatement or limitation for devolution of interest (Para 13 , 14) |
| 4. delay, fraud, collusion and multiplicity opposed (Para 15 , 16 , 17) |
| 5. apprehensions addressed by retaining original plaintiffs (Para 18 , 19 , 20) |
| 6. abatement inapplicable to devolution, not death (Para 21) |
| 7. fraud requires specific pleadings and proof (Para 22) |
| 8. 14-year delay condoned for bona fide belief (Para 23 , 24 , 25 , 26 , 27) |
| 9. no prejudice from impleading transferee (Para 28) |
| 10. o.xxii r.10 applies to appeals without time limit (Para 29 , 30) |
| 11. precedents allow late impleadment of pendente lite transferee (Para 31 , 32 , 33 , 34) |
JUDGMENT :
JITENDRA JAIN, J.
1. This application under order XXII Rule 10 read with Order I Rule 10 of the CPC, 1908 is made by the applicant-M/s. Yash Shree Realtors (for short “YSR”) praying for deletion of respondent nos.1 to 11 in the appeal and impleadment of the applicant as respondent no.1A in the appeal.
2. I have heard Mr. Vaishnav, learned counsel for the applicant and for r
No time limit for impleadment under Order XXII Rule 10 CPC on devolution of interest; delay condoned if bona fide with no prejudice; distinguishes from abatement on death; transferee pendente lite bo....
(1) Appeal – Locus Standi – A stranger cannot be permitted to file an appeal in any proceedings unless he satisfies court that he falls within category of aggrieved persons.(2) Impleadment of transfe....
(1) Addition/deletion of parties in suit/appeal – Power to strike out or add a party to proceedings under Order I Rule 10 of CPC can be exercised by Court at any stage of proceeding.(2) Res Judicata ....
Order 1 Rule 10 CPC casts duty upon court to ensure impleadment and deletion of party, which may or may not be necessary for adjudication of case.
A pendente lite purchaser can be added as a party to ongoing litigation to protect substantial interests, and such applications should typically be granted without prejudice.
A transferee pendente lite is entitled to be impleaded in specific performance suits to protect their interests, validating the need for comprehensive adjudication of rights over the property.
Unregistered agreements do not create any right in favor of the parties and may not be admissible in evidence.
The main legal point established in the judgment is the interpretation of Section 14 of the Limitation Act, 1963, and the computation of the delay period in filing the chamber appeal.
In specific performance actions, a power of attorney holder does not automatically constitute a necessary party unless there is evidence of property interest; late amendments are permissible only wit....
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