Sanjay K. Agrawal, J.

1. The petitioner/plaintiff filed a suit for declaration of title, partition and separate possession on 3.8.2005, in which defendant No.3 filed his written statement on 23.8.2005. During pendency of the suit, defendant No.3 sold some part of suit land by registered sale deed dated 30.1.2014 and 28.1.2014 and transferred some land by registered agreement dated 10.10.2011 and 11.6.2006, therefore, the petitioner/plaintiff made an application under Order 1, Rule 10 of the CPC that defendants No.10 to 15 be added as the defendants in the suit.

2. The trial Court by the impugned order rejected the application finding that such an application cannot be allowed in view of Section 52 of the Transfer of Property Act.

3. Feeling aggrieved and dissatisfied with the order rejecting the application under Order 1, Rule 10 of the CPC, the petitioner has filed this writ petition under Article 227 of the Constitution of India.

4. Ms Priyanka Mehta, learned counsel appearing for the petitioner, would submit that defendant No.3 has transferred the land during pendency of the suit, therefore, on the principle of doctrine of lis pendens, they are necessary party and therefore,