Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit was filed for declaration of title and plaintiff disputed the right and title of defendant over suit property - When such is the case, transfer of property or selling part of suit property to proposed party during pendency of suit proceeding is subject to Doctrine of Lis Pendens..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for permanent injunction - Plaintiff during pendency of proceedings transferred his interest in suit property to his sons, who were subsequently impleaded as co-plaintiffs - Transferees though not necessary parties would constitute proper parties, as adjudication in suit would be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Can be granted in favour of plaintiffs against defendant for preventing defendant from alienating or transferring disputed property, even if principle of lis pendens enumerated in S.52 of Transfer of Property Act is applicable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Plaintiffs only claiming interim relief that defendant be restrained from alienating or transferring disputed land in favour of third party - They are not protecting their possession of disputed land - Relief of interim injunction can be granted in favour of plaintiffs..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Respondents are lis pendens purchasers - Original defendant as well as his wife who sold the land to respondents are no more and their grand children who prosecuted proceedings might not be interested in pursing the proceedings - Lis pendens purchasers can be impleaded as parties -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating and transferring suit property during pendency of suit - Apprehension expressed by plaintiff of being put to irreparable loss and injury has been found to be baseless, as right if any of plaintiff shall be protected by application of principle of lis pendens -..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 54 -- Execution - Objections - Attachment of property - Agreement to sell executed in favour of DH during the pendency of suit for specific performance filed by petitioner - Same is thus, governed by principle of lis pendens - Petitioner has a prior/preferential right over the property as agreement to sell in his..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of charge sheet - Civil dispute sought to be given the colour of a criminal wrong doing - Execution of a sale deed, during pendency of suit, may attract doctrine of lis pendens, but from reading charge sheet, it is evident that there is no element of criminality which is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating suit property - Civil Court has power to issue injunction even when S.52 TPA protects the interest of complaining party by providing hat an alienation lis pendens shall be subject to the result of suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for declaration that both registered Wills be declared as null and void - Plaintiff seeking temporary injunction restraining defendant from alienating and transferring suit property during pendency of suit - Appeal against dismissal of application - Restraint order need to be passed in view of..........
