SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2013 Supreme(All) 1661

PANKAJ MITHAL
PHULGEN – Appellant
Versus
VINAY KUMAR TIWARI – Respondent


Advocates Appeared:
Anil Kumar Aditya for the Petitioners; Ram Niwas Singh, S.C., Vinod Kumar Chandel and Vinay Kumar Singh Chandel for the Respondent.

JUDGMENT

Hon’ble Pankaj Mithal, J.—In this writ petition under Article 226 of the Constitution of India, I am to consider the right of the plaintiff/respondent to seek impleadment of subsequent purchasers, to be precise of transferee pendente lite as defendants in a suit for specific performance of an agreement to sell and the consequential amendment thereto in the plaint.

2. The facts of the case in a capsule form are as under:

3. The plaintiff/respondent instituted Original Suit No. 466 of 2009 on 28.5.2009 for specific performance of an agreement to sell dated 29.1.1991. The defendant/petitioners in the said suit filed their written statement on 30.8.2010 so as to contest the same and in one of the paragraphs of the written statement they pleaded that the property has been transferred by them on 12.4.2010 and 13.4.2010 by two sale-deeds in favour of Smt. Sheela Devi, Anita Gupta, Sangita Gupta, Krishnawati Devi, Anil Kumar and Dinesh Singh.

4. In view of the pleadings in the written statement, plaintiff/respondent moved application for impleadment of the aforesaid subsequent purchasers and for consequential amendment of the plaint seeking declaration of the aforesaid two sale-dee











































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top