ORDER

Leave granted.

2. We have heard learned counsel on both sides.

The admitted facts are that the appellant filed suit Case No. 253-1 before the Sub-Judge, Ferozepur for declaration that he is the owner of the property on the basis of a registered Will dated May 26, 1952 executed by his mother Smt. Hira Devi and that a declaration to that effect was already given by the civil Court in another decree dated March 29, 1974. He filed an application under Order 39, Rule 1, CPC for ad interim injunction to restrain the defendants from interfering with his possession and enjoyment of the plaint schedule property situated in village Dabbla Kalan Tehsil Fazilka. The interim injunction was granted on June 14, 1991 which subsequently came to be vacated on December 2, 1991. It would appear that the defendants alienated the self-same lands by registered sale deeds dated December 2, 1991 and December 12, 1991 in favour of the respondents before this Court. On the basis thereof, they sought to come on record as defendants under Order 1, Rule 10, CPC. The trial Court dismissed the application holding that they were neither necessary nor proper parties to the suit. On revision, the High Court in the impugned order in C.R. No. 323/93, dated May 13,1993 directed impleadment of the respondents as party defendants to the suit. Thus this appeal by special leave.

3. Shri Kapoor, learned counsel for the appellant, contended that the claim for declaration of title is founded upon the registered will executed by his mother dated May 26, 1952 which was upheld in an earlier suit in which the declaration and possession was granted and in furtherance thereof the appellant remained in possession. His mother Hira Devi left behind him and three sisters and one of the sisters is Rajender Kaur whose sons are the defendants in the suit. The second suit came to be filed when his possession was sought to be interdicted asserting their right to the property through their mother. Pending suit, when they had alienated the property to the respondents. It is hit by the doctrine of lis pendens under section 52 of the Transfer of Property Act. The respondents are neither necessary nor proper parties. In support thereof, he placed reliance on the judgment of this Court in New Redbank Tea Co. Pvt. Ltd. v. Kumkum Mittal & Ors.1. Mrs. Rekha Palli, learned counsel for the respondent contended that the declaration sought is in respect of immovable property. Having purchased the property, though pending suit, they are proper parties for defending the title of their predecessor in interest. Therefore, the High Court was right in bringing them on record under Order 1, Rule 10 CPC. She placed reliance on the judgment of this Court in Ramesh H. Kundanmal v. Municipal Corporation of Greater Bombay2. The ratio in either of the cases has no application to the facts in this case. Therefore, it is not necessary to refer to them in extenso.

4. Having regard to the respective contentions, the question that arises for consideration is: whether the respondents are necessary or proper parties to the suit ? It cannot be disputed that the foundation for the exclusive right, title and interest in the property, the subject matter of the suit, is founded upon the registered Will executed by Hira Devi, the mother of the appellant as on May 26, 1952. The trial court noted that in a suit filed on a previous occasion by the appellant, the will was propounded as basis for an exclusive right, title and interest in the said property. He impleaded Rajender Kaur, one of the daughters of Hira Devi, to the suit along with two other sisters and suit came to be decreed by the trial Court on March 29, 1974. The decree became final. In view of those facts, the necessary conclusion that can be deduced is that the foundation for the relief of declaration in the second suit is the registered Will executed by Hira Devi in favour of the appellant on May 26, 1952. The respondents indisputably cannot challenge the