1. This petition, under Article 227 of the Constitution of India, has been filed by the petitioner assailing the order dated 15.10.2015 passed by Xth ADJ, Gwalior in Civil Suit No.84-A/2014 rejecting his application under Order 22 rule 10, CPC, to implead him as defendant being purchaser during pendency of suit filed by respondent No.1.

2. On perusal of the order impugned, it reveals that the trial Court relying upon the judgment of Hon'ble the Supreme Court in the case of Sanjay Verma v. Manik Roy [AIR 2007 SC 1332], has observed that in view of provision contained in section 52 of the Transfer of Property Act, 1882 (for short "the Act") and by virtue of doctrine of lis pendens, the applicants are bound by the final judgment in the suit. It has also been observed that the person, who has applied to the Court, cannot seek leave of the Court merely on the ground that his rights may not be duly represented in the proceedings. It has also been observed that if the prayer for joining the proposed parties is accepted, then it would lead to perpetuity of such further applicants who may purchase property during pendency of the suit.

3. Learned counsel for the petitioner contends that t