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1986 Supreme(Cal) 243

A.M.BHATTACHARJEE, SUKUMAR CHAKRAVARTY
SAGORA BIBI – Appellant
Versus
SK. MANIK – Respondent


Advocates Appeared:
BULU CHATTERJI, GOPAL CH.MUKHERJEE, S.K.BISWAS

A. M. BHATTACHARJEE, J.

( 1 ) IF a party to a suit transfers his interest in the subject-matter of the suit to one and that one in his turn transfers the same to another, can that other, i. e. the second transferee get himself substituted in place of the party to proceed with the suit where the first transferee was not brought on record ? This is the short question that has arisen for our consideration in this revision and we have no doubt that the question cannot but be answered in the affirmative. It is true that even after transfer of interest of a party to the suit in the subject matter of the suit, the suit may still effectively proceed with the transferor as the party without the transferee being brought on record because of the doctrine of lis pendens. But, as pointed out by Vivian Bose, J. , in the decision of the Supreme Court in Sangram Singh v. Election Tribunal, AIR 1955 SC 425 at p. 429, "our laws of procedure are grounded on principle of natural justice which requires that men should not be condemned unheard, that decisions should not be reached behind their backs, that proceedings that affect their lives and property should not continue in their absence and that the





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