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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P. ROUTRAY
Siba Prasad Singh – Appellant
Versus
Jasjit Singh – Respondent
| Table of Content |
|---|
| 1. conclusion and order allowing the petitioner's impleadment. (Para 1 , 8) |
| 2. factual background of the case and parties. (Para 2 , 3) |
| 3. arguments regarding lis pendens and rights of the purchaser. (Para 4 , 6) |
| 4. court's analysis on the application of order 22 rule 10 cpc. (Para 5) |
JUDGMENT :
B.P. Routray, J.
1. Heard Mr. B.Baug, learned Senior Counsel for the Petitioner.
2. Present CMP is directed against impugned order dated 17th May 2025 of learned Senior Civil Judge (L.R.Court), Bhubaneswar passed in C.S. No.25 of 2007. The suit was filed by one Shyamsundar Hans who died on 7th August 2024. During pendency of the suit said Shyamsundar Hans, as the Plaintiff, sold the suit land in favour of present Petitioner vide R.S.D. dated 24th August 2020. All the Defendants in the civil suit were set ex-parte much before the death of the plaintiff. They also do not appear before this court in present CMP.
3. Upon death of the sole-Plaintiff, present Petitioner who claims to be the lis pendense purchaser of the suit property filed a petition under Order 22 Rule 10 read with Section 146 of the CPC to step into the footing of the Plaintiff to continue the suit. Said prayer of the
A lis pendens transferee holds rights to continue litigation under CPC provisions, reinforcing their standing even if not formally added as a party.
(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....
The doctrine of lis pendens applies to subsequent purchasers; their rights are subordinate to those of the decree holder in a specific performance case.
The central legal point established in the judgment is the application of the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882, and its explanation, which clarified that....
An amendment to declare a sale deed null and void is unnecessary when the sale falls under the principle of lis pendens, maintaining litigation status during pending appeals.
Civil Law - Impleadment application - Pendente lite purchaser - Section 52 of Transfer of Property Act that Supreme Court has emphasized that a transferee pendente lite is not void ab initio. It only....
Section 146 of the CPC should be given the widest connotation, allowing parties to contest their rights, even within the limited scope of specific rules such as Order 9 Rule 13 CPC.
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