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SANJEEV PRAKASH SHARMA
Chhotu Ram Son of Shri Gopal Nath – Appellant
Versus
Rameshwar Lal Son of Late Shri Gopal Nath – Respondent
JUDGMENT
1. Learned counsel to take steps relating to respondent nos. 2 and 16 which are said to have expired.
2. Learned counsel for the petitioner submits that as the application has been moved under Order 7 Rule 11 CPC by the respondent Nos. 1 and 10 alone, the service on the remaining respondents may be dispensed with.
3 .Accordingly, the requirement of service on the remaining respondents is dispensed with at this stage.
4. Another application has been moved by the petitioner under Order 1 Rule 10 CPC for impleading the subsequent purchaser as a party to the present proceedings. Reply has been filed by the respondent Nos. 1 and 10 and it is stated that as the subsequent purchaser would be bound by the decision of the suit between the parties and he is not a necessary party, therefore, in terms of Order 22 Rule 10, he need not be impleaded as a party to the suit.
5. Learned counsel for the petitioner submits that a purchaser of a suit property, would not make a sale void or voidable because of the pendency of the suit and subsequent purchaser would be always bound by the decision of the suit. In view thereof, he is not a necessary party.
6. Learned counsel for the petitioner has furt
A pendente lite purchaser can be impleaded in a suit, and the original party's failure to seek leave does not affect the suit's validity.
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....
The court affirmed that a purchaser pendente lite is a necessary party in ongoing litigation to ensure all parties with legitimate interests are heard.
There is no provision in Civil Procedure Code, governing procedure for impleading subsequent purchasers at the stage of execution proceedings – In such an event, inherent powers of court under Sectio....
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 prevents a subsequent purchaser from acquiring rights in property under litigation; such purchasers are not necessary parties to the suit.
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