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NUPUR BHATI
Rajendra Kumar S/o Kedar Sharma – Appellant
Versus
Rameshwari W/o Late Kedar Sharma – Respondent
ORDER :
1. Though the matter was listed in the 'Fresh' category, on the joint request of both the parties, the matter is heard today itself.
2. This writ petition has been filed by the petitioners/plaintiffs under Article 226 and 227 of the Constitution of India challenging the order dated 16.04.2024 passed by learned Additional District and Session Judge No. 3, Jodhpur in Civil Original Suit No. 162/2022, whereby the application filed by the petitioner under Order I Rule 10 of the Code of Civil Procedure, 1908.
3. The writ petition has been preferred with the following prayers:-
(ii) That subsequent purcharers may be impleaded as party respondent in Civil suit no 162/2022 (Rajendra Kumar Sharma v/s Rameshwari Sharma & Ors) for effectually and completely adjudication of the suit.
(iii) Any other order or direction that may be deemed fit, just and proper may kindly be issued in favour of the petitioner.
(iv) Costs may kindly be also
The court ruled that transferees pendente lite are necessary parties in a partition suit for effective adjudication, subject to the outcome of the suit.
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.
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.
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 discretion of the court to make subsequent transferee a party and the subservient nature of transfer pendente lite to the rights eventually determined by the court in pending litigation.
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