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PUSHPENDRA SINGH BHATI
Prem Kumar – Appellant
Versus
Jaskaran Singh – Respondent
ORDER
1. Counsel for the petitioner has shown judgment passed by this Hon'ble Court in S.B. CWP No.5265/2017 rendered on 13.04.2018, which reads as follows:-
"It is therefore, respectfully prayed that the writ petition may kindly be allowed and by writ, order or direction the impugned order dated 21.02.2017 passed by Additional District Judge No.l, Hanumangarh in Civil Suit No.6/2011 (CIS No. 404/2014) may kindly be quashed and set aside and consequently application under Order 6 Rule 17 read 1 Rule 10 CPC may kindly be allowed and its prayer clause.
Any other appropriate writ, order or direction, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly also be passed in favour of the petitioner. "
2. The suit for specific performance was filed by the petitioner-plaintiff against the respondent for specific performance of the contract dated 23.05.2008. During the suit proceedings, the respondent has brought a document on record reflecting that a partition has taken place between the respondent/defendant an
Lis pendens purchasers are not necessary or proper parties in a specific performance suit, as their absence does not impede the passing of an effective decree.
The doctrine of lis pendens applies to suits for specific performance, limiting rights of subsequent purchasers unless they are permitted to intervene. The court ruled that the trial court erred in d....
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.
Only parties to a contract can be joined in a specific performance suit; others are neither necessary nor proper parties.
Court cannot allow adjudication of collateral matters so as to convert a suit for specific performance of contract for sale into a complicated suit for title between the plaintiff/appellant.
A third party seeking impleadment must demonstrate a direct legal interest in the case, and the court retains discretion to allow or deny such applications based on the specifics of the case.
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....
A pendente lite purchaser cannot assert independent title in execution proceedings, as the doctrine of lis pendens prevails over claims of bona fide purchasers under the Specific Relief Act.
The main legal point established in the judgment is that a suit for specific performance can be filed only against the persons who have entered into a sale agreement, and the necessity of parties in ....
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