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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Gobardhan Ghosh – Appellant
Versus
Swadhin Pandit – Respondent
JUDGMENT :
CHAITALI CHATTERJEE DAS, J.
1. The instant revisional application is directed against an order of refusal to allow the prayer made by the petitioners under Order 1 Rule 10(2) of the Code of Civil Procedure on April 24, 2024 passed by the Learned Court of Civil Judge, Jr. Division, Krishnanagar Nadia in Title suit number 75 of 2017. The Opposite Parties here in being the plaintiff filed a suit for declaration, demarcation and injunction being Title suit number 40 of 2017 before the Court of Learned Civil Judge, Junior Division, First Court at Krishnanagar, Nadia, subsequently transferred before the Additional Court of Civil Judge, Junior Division and renumbered as Title Suit No.75 of 2017, which is pending before the Court for proper adjudication. The case made out by the plaintiffs in the plaint is that the suit property situated at RS Khatian number 7411, L. R khatian number 3452/2, 4827/6321/6948, R. S block number 529/9408, L.R number 743, under Mauja, number 60, Debagram , Police Station, Kali Ganj District, Nadia, measuring about 1.58 acres originally belonged to one Shankari Mohan Pandit, who sold 6.65 decimal of land in favour of one Nithya Nanda Roy vide two regis
The court emphasized that a transfer pending litigation is not void but subservient to the ongoing suit, affirming judicial discretion to allow impleadment to protect bona fide purchasers' rights.
Purchasers of property in a partition suit may seek impleadment to assert equity; Section 52 of Transfer of Property Act permits their inclusion in ongoing litigation for effective adjudication.
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.
A transferee pendente lite is entitled to be impleaded in a suit to protect their interest, and the trial court erred in dismissing the application for impleadment.
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.
The central legal point established in the judgment is the application of Section 52 of the Transfer of Property Act, which renders any transfer of property during the pendency of a suit void. The co....
Point of Law : Presence of the transferee pendent lite is necessary for complete and effective adjudication of the suit and issues involved therein and the court below has exercised its discretion in....
The court ruled that transferees pendente lite are necessary parties in a partition suit for effective adjudication, subject to the outcome of the suit.
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