Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Suit for specific performance - Alienation - Substantial amount as earnest money already paid - Temporary injunction cannot be declined on the basis that alienation will be subject to law of lis pendens - No interference warranted in order of lower appellate court granting stay of..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Transfer of property during pendency of litigation without permission of Court - Such transfer is hit of doctrine of lis pendens - Transferee pendente lite is not entitled to be impleaded as a party to the suit as of right...........
Civil Procedure Code, 1908, Order 9, Rule 7, Transfer of Property Act, 1882, Section 52 -- Suit for specific performance - Defendants No.2 to 4 proceeded exparte - Subsequent vendees impleaded as a party to the suit - Subsequent vendees seeking setting aside exparte order against defendants No.2 to 4 and further sought permission to cross examine the witnesses of the..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 47 -- Lis pendens - Execution - Alienation made during pendency of a litigation is hit by the principles of lis pendens and the alienee acquires no title - Even otherwise subsequent purchaser if purchased any part of the property can file a petition u/s 144 CPC after the decree holder recovers..........
Civil Procedure Code, 1908, Order 21, Rule 98, 100, 102, 29, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Rr.98 & 100 of O.21 CPC do not apply to transferee pendente lite - A transferee from a judgment debtor is presumed to be aware of the proceedings before a Court of law - R.102 recognises the doctrine of lis pendens enshrined in S.52 of TPA -..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Transferee lis pendens - O.21.R.29 CPC has no application in cases of lis pendens where property is transferred by judgment debtor to a third party during pendency of proceedings - Rule 29 applies only when a suit has been instituted by a judgment debtor against the decree holder...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Lis pendens - Filing objections in the execution of decree - After dismissal of objections filing application on similar grounds to set aside exparte decree - Held, application is hopelessly time barred even if benefit of time spent in pursuing the execution proceedings is given to the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation - Plea of plaintiff that he has perfected his title by way of adverse possession - Held, defendant being the true owner cannot be restrained from alienating the suit property - Any sale effected during the pendency of suit shall be hit by doctrine of lis pendens and thus will..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit barred by O.2.R.2 CPC - Temporary injunction cannot be granted - Suit for specific performance - Suit property sold to third party during pendency of suit for injunction - Restraining third party from changing nature of suit property and from raising any construction - Suit..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 102 -- Specific performance decree - Execution - Objections by subsequent purchaser during pendency of suit - Transaction is barred by doctrine of lis pendens - Objections of subsequent purchaser during pendency of suit are not to be adjudicated like a civil suit but have to be summarily disposed of...........
