SARVINDER SINGH versus DALIP SINGH AND ORS.

SARVINDER SINGH versus DALIP SINGH AND ORS.

Respondents, having acquired title during pendency of suit by sale deed, are not necessary or proper parties as the primary relief is based on the registered will. Alienation was hit by doctrine of lis pendens. The trial court correctly dismissed their application for impleadment; High Court order was erroneous.

Parties
Appellant: Sarvinder Singh; Respondent: Dalip Singh
Jurisdiction
India
Judgment Date
02 August 1996
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Order
Outcome
Appeal allowed
Legal Topics
Impleadment of Parties, Doctrine of Lis Pendens, Declaration of Title, Order 1 Rule 10 CPC, Section 52 Transfer of Property Act
Civil Procedure Property Law Impleadment of Parties Doctrine of Lis Pendens Declaration of Title Order 1 Rule 10 CPC Section 52 Transfer of Property Act

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Parties

Sarvinder Singh

Appellant

Dalip Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Order

Legal Issues

  1. 1 Whether respondents are necessary or proper parties to suit for declaration based on registered will
  2. 2 Effect of alienation of suit property during pendency of the suit under Section 52 Transfer of Property Act

Ratio Decidendi

Respondents, having acquired title during pendency of suit by sale deed, are not necessary or proper parties as the primary relief is based on the registered will. Alienation was hit by doctrine of lis pendens. The trial court correctly dismissed their application for impleadment; High Court order was erroneous.

Court Disposition

Appeal allowed

Orders

  • Petition under Order 1, Rule 10 CPC dismissed
  • No costs awarded