SM. SAILA BALA DASSI versus SM. NIRMALA SUNDARI DASSI AND ANOTHER

SM. SAILA BALA DASSI versus SM. NIRMALA SUNDARI DASSI AND ANOTHER

The appellant, as assignee of property, though not qualified to apply under Order 22, Rule 10 CPC (since the transfer was prior to the appeal and not during its pendency), was entitled under Section 146 CPC to be brought on record as an appellant in the pending appeal, as the right to appeal carried with it the right to continue an appeal filed by the transferor.

Parties
Appellant: Sm. Saila Bala Dassi; First Respondent: Sm. Nirmala Sundari Dassi; Second Respondent: Sudhir Kumar Mitter
Jurisdiction
India
Judgment Date
14 February 1958
Procedural Posture
Civil Appeal / Appeal by Special Leave From Order Dated August 6, 1956, of the Calcutta High Court in Appeal No. 152 of 1955
Outcome
Appeal allowed
Legal Topics
Addition of Party, Transfer Pendente Lite, Entitlement to Continue Appeal, Section 146 CPC, Order 22 Rule 10 CPC
Civil Procedure Addition of Party Transfer Pendente Lite Entitlement to Continue Appeal Section 146 CPC Order 22 Rule 10 CPC

Case Brief

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Parties

Sm. Saila Bala Dassi

Appellant

Sm. Nirmala Sundari Dassi

First Respondent

Sudhir Kumar Mitter

Second Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Order Dated August 6, 1956, of the Calcutta High Court in Appeal No. 152 of 1955

Legal Issues

  1. 1 Whether the appellant, as purchaser of property during the pendency of a suit, is entitled to be brought on record as appellant in a pending appeal when transfer took place before filing of appeal.
  2. 2 Whether such application is sustainable under Order 22, Rule 10 or Section 146 of the Code of Civil Procedure.

Ratio Decidendi

The appellant, as assignee of property, though not qualified to apply under Order 22, Rule 10 CPC (since the transfer was prior to the appeal and not during its pendency), was entitled under Section 146 CPC to be brought on record as an appellant in the pending appeal, as the right to appeal carried with it the right to continue an appeal filed by the transferor.

Court Disposition

Appeal allowed

Orders

  • Order of the Calcutta High Court dated August 6, 1956 set aside.
  • Appellant to be brought on record as additional appellant in Appeal No. 152 of 1955.