Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Purchaser pendente lite - Even though in view of doctrine of lis pendens transferee of a property pending disposal of suit is bound by the result of suit but Court in its discretion can implead him as party to..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Subsequent purchaser - Impleadment - A person who purchases a property pendente lite gets no new right and his rights will be subject to the right of his vendor in suit - It is fair and appropriate that purchaser is brought on record - Application allowed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - By subsequent purchaser who have purchased the land during pendency of suit despite status quo order - Principle of lis pendens applies - They cannot be considered as bona fide purchasers as pendency of suit itself operates as constructive notice - Held, objections not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Auction sale - Purchaser of property after attachment - Cannot raise objections against the auction sale...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hire purchase agreement - Once the financier had exercised the option of seizure of vehicle, post dated cheques obtained from purchaser cannot be presented for encashment after the seizure - Owner has to take recourse to other legal remedies for recovery of balance amount...........
Criminal Procedure Code, 1973, Section 125, 421 -- Maintenance - Recovery - Attachment of property of husband - Objection of second wife that she had purchased property in question - Held, plea of bona fide purchaser rightly rejected as it was a sham transaction to defeat the claim of wife...........
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 19 -- Impleadment of subsequent purchaser - Suit for specific performance - Court is to determine whether purchaser claims title under vendor of plaintiff or he claims a title independent of or adverse to the title of vendor - Impleadment is permissible where applicant claims under the vendor..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser in good faith - Admission of knowledge of execution of agreement of sale but pleading that the same was cancelled which they failed to prove - Held, subsequent purchaser cannot be accepted as bona fide purchasers...........
Agreement to sell -- Plea of lack of title - This plea is not available to vendor - However, it is open to the purchaser to plead so...........
Specific Relief Act, 1963, Section 20, 19(2) -- Agreement to sell - Specific performance - Bona fide purchaser - Agreement entered into between plaintiff and defendant No.1 - Defendant No.1 sold suit land in favour of defendant No.2 during pendency of restraint order - All parties belong to same village - Held, it can safely be presumed that defendant No.2 knew about..........
