Civil Procedure Code, 1908, Order 22, Rule 10(1), Civil Procedure Code, 1908, Section , Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - May not be a necessary party to be impleaded U.O.1.R.10 CPC - However, he is entitled to step in the shoes of the litigant whose interest is devolved upon him - S.52 TPA is not an embargo for..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Pendente lite transferee - Impleadment of - Execution proceedings - Held, Pendente lite transferee can not claim as a matter of right to be heard - It is the discretion of Court - On facts and circumstances of the present case impleadment of petitioner can not be allowed...........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Section , Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Should be allowed to be brought on record as party to the suit or appeal - However, when Court thinks that such a impleadment is vexatious or designed to unnecessarily protract litigation, Court may..........
Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Bound ultimately by the decree passed in the pending suit or appeal...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Transferee pendente lite - The status of transferee pendente lite cannot be treated as of a stranger and is presumed to have constructive notice of lis pending in the court, therefore, he has to sink and swim together with transferors, as such, he is not a necessary party...........
Civil Procedure Code, 1908, Order 21, Rule 98,99,100,101,102 -- Execution - Purchaser pendente lite - Delivery of possession - Obstruction - Appellants cannot obstruct delivery of property inasmuch as they are purchaser pendente lite - O.21.Rr.98 to 102 makes it clear that nothing in Rules 98 to 102 shall apply to resistance or obstruction in execution of decree for..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Suit for partition - Transfer made during pendency of suit - Held, though it not mandatory for a party to implead transferee pendente lite as party, but court in exercise of its discretion can allow alienee to be made as party so as to enable him to protect his interest...........
Civil Procedure Code, 1908, Section 52, Order 21, Rule 98 -- Execution of decree for possession - Lis pendens transferee from J.D. obstructed execution of decree - Held, lis pendente alienee from J.D. cannot call upon court to decide obstruction, like a suit - Purchaser pendente lite cannot raise challenge questioning legality of decree and propriety of Court in passing..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Transfer is not void or illegal - Pendente lite purchaser is bound by the decision - Transferor's title if (a) upheld; (b) partly upheld; (c) not upheld - In case title of transferor's title is upheld than transferee is not affected and in case it is partly upheld then title of transferee is saved only to that..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite - Cannot be impleaded as a party to the suit...........
