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NAWNEET KUMAR PANDEY
Rekha Yadav – Appellant
Versus
Belash Yadav – Respondent
ORDER (ORAL)
Nawneet Kumar Pandey, J.—Heard learned counsel for the petitioner as well as learned counsel for the respondent.
2. Vide impugned order dated 29.01.2021 in Title Suit No. 39 of 2019, Sub-Judge-III Bagaha has rejected the petition filed on behalf of the petitioner for his impleadment as defendant in that title suit.
3. The case of the petitioner is that he purchased 1 kattha 17 dhur of land appertaining to khata No. 97 plot No. 136 and similarly one kattha 18 dhur land appertaining to khata No. 132 plot No. 135 from one Sanjeev Mishra through registered sale deed dated 04.06.2019. The plaintiff filed the suit for declaration of title in permanent injunction against the defendants.
4. The learned trial Court on the application of the petitioner impleaded Sanjeev Kumar Mishra, the vendor of the petitioners, as defendant but declined to implead the petitioner on the ground that the said transaction was hit by the doctrine of lis pendens propounded under Section 52 (1) of the Transfer of the Properties Act, 1882. In his order, it has been mentioned that in the absence of the petitioner, the effective adjudication of the suit is possible.
5. The learned counsel for the petit
Suit for declaration of title and permanent injunction—A transferee pendente lite, without leave of court, cannot claim to be impleaded as a matter of right.
The doctrine of lis pendens prevents a subsequent purchaser from acquiring rights in property under litigation; such purchasers are not necessary parties to the suit.
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....
The doctrine of lis pendens applies to suits for specific performance, limiting rights of subsequent purchasers unless they are permitted to intervene. The court ruled that the trial court erred in d....
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.
(1) Impleadment of transferee pendente lite as party-defendant in suit – Doctrine of lis pendens as provided under Section 52 of Act does not render all transfers pendente lite to be void ab-initio –....
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