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2022 Supreme(Pat) 844

NAWNEET KUMAR PANDEY
Rekha Yadav – Appellant
Versus
Belash Yadav – Respondent


Advocates:
For the Petitioner: M/s Aditya Nath Jha, Arvind Kumar
For the Respondents: Mr. Chandra Kant, Alok Ranjan, Navin Kumar.

ORDER

Heard learned counsel for the petitioner as well as learned counsel for the respondent.

2. Vide impugned order dated 29.01.2021 in Title Suit No. 39 of 2019, Sub-Judge -III Bagaha has rejected the petition filed on behalf of the petitioner for his impleadment as defendant in that title suit.

3. The case of the petitioner is that he purchased 1 kattha 17 dhur of land appertaining to khata No. 97 plot No. 136 and similarly one kattha 18 dhur land appertaining to khata No. 132 plot No. 135 from one Sanjeev Mishra through registered sale deed dated 04.06.2019. The plaintiff filed the suit for declaration of title in permanent injunction against the defendants.

4. The learned trial Court on the application of the petitioner impleaded Sanjeev Kumar Mishra, the vendor of the petitioners, as defendant but declined to implead the petitioner on the ground that the said transaction was hit by the doctrine of lis pendens propounded under Section 52 (1) of the Transfer of the Properties Act, 1882. In his order, it has been mentioned that in the absence of the petitioner, the effective adjudication of the suit is possible.

5. The learned counsel for the petitioner has submitted that petitioners

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