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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH
SUBHASH VIDYARTHI
Mohd. Shakeel – Appellant
Versus
Munni Devi – Respondent
| Table of Content |
|---|
| 1. overview of trial court proceedings (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. contention against impleadment (Para 8 , 11) |
| 3. court's reasoning for allowing the impleadment (Para 9 , 19 , 20) |
| 4. legal framework on transfer of property pending suit (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. assessment of specific claim for impleadment (Para 21 , 22 , 23) |
| 6. final judgment and dismissal of the petition (Para 26) |
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Shri S. Mohd Kazim, the learned counsel for the petitioner.
2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of an order dated 13.03.2024 passed by the learned Additional Civil Judge (J.D.), Court No.48, Lucknow in Regular Suit No.973 of 2000 titled Mohd. Shakeel v. Munni Devi whereby an application filed by the third party- Babu Lal (the opposite party No.4 to the petition) has been allowed.
3. The petitioner had filed the aforesaid suit against Munni Devi, mother of the opposite party Nos.2 and 3- Ramesh Kumar and Naresh Kumar, for specific performance of contract. On 23.12.2000, the trial Court had passed an ex-parte order of temporary injunction res
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.
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 subsequent transferee with a registered sale deed must be allowed to protect her interests in ongoing litigation, demonstrating both necessity and direct interest in the subject matter.
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.
Point of Law : Presence of the transferee pendent lite is necessary for complete and effective adjudication of the suit and issues involved therein and the court below has exercised its discretion in....
The court ruled that transferees pendente lite are necessary parties in a partition suit for effective adjudication, subject to the outcome of the suit.
The central legal point established in the judgment is the application of Section 52 of the Transfer of Property Act, which renders any transfer of property during the pendency of a suit void. The co....
A third party seeking impleadment must demonstrate a direct legal interest in the case, and the court retains discretion to allow or deny such applications based on the specifics of the case.
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