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H. S. MADAAN
Surjit Kaur – Appellant
Versus
Mohinder Kaur – Respondent
H.S. MADAAN, J.
1. Feeling aggrieved by order dated 23.11.2022 passed by Civil Judge(Jr.Divn.), Dasuya vide which her application under Order 1 Rule 10 read with Section 151 CPC for being impleaded as a party was dismissed, the applicant Surjit Kaur has approached this Court by way of filing the present revision petition.
2. Briefly stated, facts of the case are that on a suit having been filed by plaintiff Mohinder Kaur and another against Gurmail Kaur and 17 others on 25.1.2001, a preliminary decree dated 19.9.2009 was passed; thereafter the plaintiffs moved the Court for passing final decree; during the pendency of proceedings for passing of preliminary decree, one of the co-sharers had sold his property to applicant Surjit Kaur vide registered sale deed dated 18.8.2005; when the case was pending for final arguments for passing of final decree, Surjit Kaur had moved an application for impleading her as a party. That application was dismissed vide the impugned order dated 23.11.2022. Hence this revision petition by applicant Surjit Kaur.
3. I have heard learned counsel for the revision petitioner besides going through the record.
4. The applicant being transferee of the property held
The transferee of the property during the pendency of the suit does not have an independent right to be impleaded as a party and would still be entitled to her share in the suit property.
Pendente lite purchasers from co-owners are necessary parties in partition suits, and sales executed after the expiration of interim injunctions are valid and subject to the suit's outcome.
Impleadment of subsequent purchasers necessary in partition suit if sale disclosed after written statement, despite lis pendens.
Point of law : Suit for partition - In the absence of any details given by the respondents/defendants, and subsequent purchasers may be proper parties and their presence is required only at the time ....
The legal principle established is that a subsequent purchaser during the pendency of a Civil Suit may not necessarily be impleaded as a necessary party, especially if the purchase occurred with know....
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