Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 52 -- Execution - Decree for specific performance - Objection by pendente lite transferee - Property sold during pendency of appeal, which is not permissible in view of bar created by doctrine of lis pendence and O.21.R.102 CPC - Pendente lite transferee thus, has no right and not..........
Civil Procedure Code, 1908, Section 100 -- Second appeal by transferee pendente lite - Maintainability - Suit for specific performance - Purchasers pendente lite, who have not come on record either in suit or during first appeal, have no right to file second appeal independently, in spite of Second appeal filed by their vendor is pending - However, purchasers can seek..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of a party - Suit for specific performance - Transferee pendente lite - A transferee pendente lite of an interest in immovable property is a representative-i, interest of the party from whom he has acquired that interest - He is entitled to be impleaded in the suit or..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 22, Rule 10, Specific Relief Act, 1963, Section 19, 22 -- Impleadment of a party - Specific performance - Transferee pendente lite - Transferee pendente lite would be in a similar position as a heir or legatee of a party who dies during pendency of suit or proceeding and therefore could seek..........
Civil Procedure Code, 1908, Order 21, Rule 58, 102 -- Execution - Registered sale deed - Specific performance, decreed - Objection to execution raised by purchaser pendente lite - Maintainability - Even though purchaser was not party to suit, but by virtue of provisions of S.52 of TPA, 1882 he is bound by decree passed by trial Court - Thus, a purchaser of suit property..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Transferee pendente lite - Suit for specific performance - Transferee pendente lite is a necessary and proper party - Application rightly allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleadment of party - Suit for specific performance - Transferee pendente lite - (i) a subsequent purchaser is a necessary and proper party; (ii) after sale, the owner can lose interest in litigation, thus it can adversely affect the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transfer pendente lite - Impleadment - Suit for specific performance - Impleadment of subsequent transferee is necessary for effective and complete adjudication and to settle all questions involved in the suit - No doubt impleadment at this stage would cause delay but ends of justice would be adequately met in case suit is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Purchaser pendente lite - An application to implead a purchaser pendente lite can be filed even by plaintiff/purchaser in a suit for specific performance...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Transferee pendente lite - It is always proper to implead transferee pendente lite on an application of the plaintiff who is dominus litis...........
