ORDER

Order No. 20.08.2024

1. 1. This matter is taken up through hybrid mode.

2. The Petitioner in this CMP seeks to assail the order dated 15th December, 2023 (Annexure-5) passed in C.S. No.303 of 2016, whereby learned Civil Judge (Senior Division), Berhampur allowed an application filed under Order I Rule 10 CPC in part treating it to be a petition under Order XXII Rule 10 CPC.

3. Mr. Misra, learned counsel for the Petitioner submits that while adjudicating the matter, learned trial Court held that the lis pendens purchasers are impleaded as assignees of Defendant No.1 under representative capacity.

4. Taking note of the submission of Mr. Misra, learned counsel for the Petitioner and on perusal of the record, it appears that admittedly Tukuna Choudhury and Sujit Kumar Padhy are lis pendens purchasers. On perusal of the written statement, it appears that their interest is not protected. There is no mention about the lis pendens alienation in the respective pleadings of the parties. Learned trial Court taking note of the rival contentions of the parties including that of Defendant No.6-Petitioner came to hold that presence of lis pendense purchasers is necessary for just adjudication o