Pendente lite purchasers have the right to contest the matter on merits and cannot be prevented from participating in the proceedings.

1. This Second appeal is focussed by D5, D10 to D14, and LRs of deceased D4/V.Damodaran animadverting upon the judgment and decree dated 04.03.2010 passed in A.S.No.4 of 2009 by the Subordinate Judges Court, Vaniyambadi, Vellore District, confirming the judgment and decree of the Principal District Munsif Court, Ambur, Vellore District in O.S.No.24 of 1996. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

2. Compendiously and concisely, the relevant facts absolutely necessary and germane for the disposal of this Second Appeal would run thus:

(a) The first respondent herein and the deceased Dhanalakshmi Ammal filed the suit seeking the following reliefs as against several defendants, including the appellants herein in this Second Appeal:

"(i) To declare the absolute title of the plaintiffs to the suit property;

(ii) To restrain the defendants by means of permanent injunction in any manner, either by themselves or through their men, agents and representatives or assignees with the plaintiff's peaceful possession and enjoyment of the suit property and from alienating the suit property or any portion thereof in favour of any one;

(b) alternatively in the event of this Hon'ble Court holding that the defendants are in possession directing the defendants to deliver possession of the property detailed in the schedule hereunder to the plaintiff (Amended as per order in IA No.372/2000 dt.2.3.2001); and

(iii) for costs." (extracted as such)

2. Ultimately the trial Court decreed the suit without giving opportunity of adducing evidence by the contesting defendants who are the purchasers pendente lite, as against which appeal was filed for nothing but to be dismissed by the appellate Court.

3. Being aggrieved by and dissatisfied with the same, the defendants/appellants herein filed this Second Appeal on various grounds inter alia to the effect that the Courts below failed to give due opportunity to the appellants/defendants to contest the matter by adducing evidence, even though the original plaintiffs impleaded the appellants herein as defendants in the suit consequent upon the fact of they having purchased the suit property pendente lite.

4. After hearing both sides, I framed the following substantial question of law:

Whether the Courts below were justified in preventing the appellants/defendants who are the pendente lite purchasers of the suit property from contesting the suit on merits, after they having been impleaded as parties at the instance of the plaintiffs themselves and that too after the trial Court having framed issues based on the written statement filed by the appellants/defendants herein?

5. The nitty-gritty and the gist and kernel of the arguments as put forth by the learned Senior Counsel for the respondents/plaintiffs would run thus:

(a) There are catena of decisions of the Hon'ble Apex Court that pendente lite purchasers are having no right to set up any independent case of their own and that they are bound by the ultimate decision.

(b) Simply because the plaintiffs thought fit to implead the purchasers pendente lite for the purpose of avoiding future litigation, that it does not mean that the plaintiffs are estopped from contending that such pendente lite purchasers are having no right to contest the matter and adduce evidence.

(c) Both the Courts below appropriately and appositely, convincingly and correctly rejected the endeavour of the purchasers pendente lite to cross examine the plaintiffs' witness and to adduce evidence, warranting no interference in the Second Appeal.

6. Per contra, in a bid to torpedo and pulverise the arguments as put forth and set forth on the side of the plaintiffs, the learned Senior Counsel for the appellants/defendants herein would advance his arguments, which could tersely and briefly be set out thus:

(a) The plaintiffs voluntarily impleaded the appellants/ defendants on the ground that they pending litigation purchased the s