SANJAY VERMA versus MANIK ROY AND ORS.

SANJAY VERMA versus MANIK ROY AND ORS.

Transferees pendente lite, without leave of court, are bound by the decree in terms of Section 52 of the Transfer of Property Act and cannot as of right seek impleadment under Order 1 Rule 10(2) CPC. The High Court erred in allowing their impleadment solely because their vendors were not parties to the suit. The High Court’s order is to be set aside.

Parties
Appellant: Sanja Y Verma; Respondents: Manik Roy and Ors.
Jurisdiction
India
Judgment Date
08 December 2006
Procedural Posture
Civil Appeal / Appeal From High Court Order on Writ Petition
Outcome
Appeal allowed
Legal Topics
Transfer of Property Act Section 52, Doctrine of Lis Pendens, Impleadment of Parties, Specific Performance
Property Law Transfer of Property Act Section 52 Doctrine of Lis Pendens Impleadment of Parties Specific Performance

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Parties

Sanja Y Verma

Appellant

Manik Roy and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Order on Writ Petition

Legal Issues

  1. 1 Whether transferees pendente lite without leave of the court can be impleaded as parties to the suit under Order 1 Rule 10(2) CPC
  2. 2 Effect of Section 52 of the Transfer of Property Act, 1882 on such transferees

Ratio Decidendi

Transferees pendente lite, without leave of court, are bound by the decree in terms of Section 52 of the Transfer of Property Act and cannot as of right seek impleadment under Order 1 Rule 10(2) CPC. The High Court erred in allowing their impleadment solely because their vendors were not parties to the suit. The High Court’s order is to be set aside.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • No order as to costs