I.P. Mukerji, J.

This is an application by an alleged purchaser of a premises no. 1, Upper Wood Street, Kolkata to be added as a party in the suit.

2. The facts are interesting.

3. One Nirod Chandra Basu Mullick by a Will dated 4th March 1932 followed by a Codicil dated 29th June 1942 devised the above property. He appointed an executor.

4. On 2nd January 1962 this executor ostensibly sold the property to the first defendant. On 22nd August 1977 the University of Calcutta obtained the Letters of Administration of the estate of Basu Mullick.

5. According to the University, they are the ultimate beneficiary or legatee under the Will, that the executor had no power to sell the property to the first defendant and that it was invalid.

6. The University instituted the present suit in 1979 claiming this declaration. Although 35 years have passed it is still pending.

7. Meanwhile on 16th February 2010 the first defendant sold the property to the present applicant, Syndicate Infrastructure Reality Private Limited. This property was transferred during pendency of the suit, without informing the Court. There is no dispute regarding this.

8. This kind of a purchaser is known as "purchaser pe