Civil Procedure Code, 1908, Order 22, Rule 10 -- Non impleadment of transferee/assignee pendente lite - Suit or appeal not to be dismissed - Transferor/assignor has a right to continue the suit - It is the option of transferee/assignee to move an application for impleadment - There cannot be dismissal of suit on account of failure of transferee/assignee to file an..........
Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Tranferee failed to take due and reasonable care before purchasing a litigated property - Shelter of S.52 is not available to him...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Pendente lite transferee is bound by the orders passed against their transferor - If title of transferor itself is not found, as such no title can accrue to pendente lite transferee - In such circumstances giving opportunity of hearing to pendente lite transferees is a mere formality as no useful purpose would be..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Transferee pendente lite - Board of Revenue without referring the parameters of impleadment of a party, allowed the impleadment application of persons who have purchased the suit property in defiance of an injunction order passed by Court - Impugned order of allowing impleadment application being bad in law set..........
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 39, Rule 2A -- Breach of injunction - Transferee pendente lite - Sale after passing of order of status quo - Vendee not a party to the suit - An application for impleading vendee as a party to the suit was disallowed - There was no order against vendee - Vendee could not be said to have disobeyed the status quo order and further he cannot..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - An application for pendente lite maintenance can be filed in any proceedings under the Act (Ss.9 to 13) - However, any application made after disposal of main petition has no independent existence - Application for maintenance pendente lite has to be decided before deciding main petition...........
Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - His right is governed by S.52 of the Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Since wife concealed the fact that she is a government servant and earning Rs.30,000 p.m, she is not entitled to maintenance pendente lite as she has sufficient source of income to maintain herself - Application dismissed...........
Transfer of Property Act, 1882, Section 52 -- Transfer of property pendente lite - Any transfer of property during pendency of proceedings, would be subservient to the rights of parties to such suit, as is eventually determined...........
