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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Jitendra Jain, J.
In the matter of Sitabai Naik (since deceased) - Appellant
Versus
Kannaiyalal Purshottamdas Shah - Respondent
Interim Application No. 9018 of 2025 In First Appeal No.2477 of 2011
Decided On : 05-03-2026
| 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 respondent nos.1 to 11 (original plaintiffs) and Mr. Agrawal, learned counsel for the appellants (original defendants) in First Appeal No.2477 of 2011.
3. The parties are referred by their original status in the suit except the present applicant.
BRIEF FACTS :
4. The plaintiff nos.1 to 11 filed a suit before the City Civil Court, which was numbered as Suit No. 4617 of 1974, for possession of the suit property.
5. The suit was decreed in favour of the plaintiffs on 7 September 2011 and being aggrieved by the said order, the defendants have filed the appeal in this Court in the year 2011, in which the present application is taken out by the applicant-YSR.
6. When the suit was pending from the year 1974 till the year 2011, there were transfer of right, title and interest either by operation of law or by various registered deeds.
7. In the year 1981, plaintiff no.2 expired. However, his widow and sons were already on record as plaintiffs except two daughters. In the year 1995, the said widow also expired and her sons were already on record except her two daughters.
8. In the year 2009, the daughters of plaintiff no.2 (who died in 1981) by registered deed released their rights in suit property in favour of plaintiff no.1.
9. In the year 2008, plaintiff no.9 expired and in the year 2009, her children transferred their right, title and interest by release deed in favour of plaintiff no.3. In the year 2009, plaintiff no.3, in turn, released these very rights by a registered deed in favour of plaintiff no.1. In the year 2009, plaintiff no.6 also released his right, title and interest by a registered deed in favour of plaintiff no.1 and similarly, in the year 2010, plaintiff no.7 released his rights by a registered deed in favour of plaintiff no.1. In May 2011, plaintiff nos. 4, 5, 10 and 11 sold and conveyed their respective shares to M/s. Yash Infrastructures.
10. Though M/s. Yash Infrastructures came into picture in May 2011, they were not impleaded in the suit and the suit came to be decreed in September 2011 which is within 4 months of M/s. Yash Infrastructure coming into the picture.
11. On 10 September 2012, i.e., almost after 1 year from the date of the decree, M/s. Yash Infrastructures and plaintiff no.1 by a registered conveyance deed sold their rights in favour of the present applicant-YSR. It is important to note at this stage that YSR is a partnership firm consisting of some of the original plaintiffs.
12. Consequent to the above by virtue of various above documents, the applicant-YSR acquired all the right, title and interest in the suit property and became sole owners. However, till the present application was filed on 13 March 2025, the applicant-YSR did not take any action to be impleaded in the present proceedings. The present application for impleadment
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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