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J. C. DOSHI
Amad Noormamad Madakia – Appellant
Versus
Ghanchi Ismail Hasan Madakia – Respondent
| Table of Content |
|---|
| 1. challenge against denial of amendment to join party. (Para 1 , 2) |
| 2. arguments presented by counsel regarding the need for amendment and principles of lis pendens. (Para 3) |
| 3. amendment of section 52 and implications for lis pendens. (Para 4 , 6 , 9) |
| 4. registration of notice under section 52 is condition precedent. (Para 8 , 10 , 11) |
| 5. petition allowed, matter remanded for fresh consideration. (Para 12 , 13) |
JUDGMENT :
Rule. Learned Advocate Mr.S P Majmudar appearing for the contesting respondent waives service of notice of rule. This petition under Article 227 of the Constitution of India is directed against the order dated 21/06/2008 passed below Exhibit-24 in Special Civil Suit No.32 of 2008 by the learned 3rd Additional Senior Civil Judge, Jamnagar; whereby the application filed by the plaintiff to join subsequent purchaser Shri Bhavesh Arshibhai Kandoriya as defendant no.10 in the suit has been rejected inter alia on the ground that the plaintiff has not registered notice of suit as per amendment in Section 52 of the Transfer of Property Act 1882 (for short the “Act”) applicable to the State of Gujarat and State of Maharashtra as to attract the principle of lis
The court emphasized the need for registration of notice under Section 52 for lis pendens to apply, but allowed the addition of parties for effective adjudication, irrespective of registration issues....
The Court emphasized the importance of summary determination of questions under Rule 101 of Order XXI of the C.P.C. and the applicability of Section 52 of the Transfer of Property Act. It also clarif....
(1) Lis Pendens – Section 52 of T.P. Act has no application where transfer in favour of subsequent purchaser is not after filing of suit but before filing of suit for specific performance.(2) Resista....
Addition of the proposed defendant would result into causing serious prejudice to the plaintiff and the substitution or the addition of a new cause of action would only widen the issue which requires....
During pendency in any court having authority within limits of India of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in ques....
The doctrine of lis pendens applies to subsequent purchasers; their rights are subordinate to those of the decree holder in a specific performance case.
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 doctrine of lis pendens overrides the rights of bona fide purchasers when they acquire property during pending litigation concerning the same property, as established by case law.
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