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5. The Single Judge held that the issue as to whether the interest of respondent Nos.1 and 2 can be transferred to respondent No.3 has to be tried in the suit and not at that stage and delay in filing the application cannot be a ground for not impleading the respondent No.3. The chamber judge held that the agreement dated 08.06.1979 permits assignment of rights and there is no requirement therein for permission being taken from the appellant. The court relied on the Madras High Court judgment in Mrs. Saradambal Ammal v. E. R. Kandasamy Goundar and Others (1947) 2 MLJ 374 wherein it was held that such assignment of contractual rights was permissible under Order XXII Rule 10 CPC. The Single Judge also relied upon the judgment of the Bombay High Court in Jawaharlal v. Smt. Saraswatibai Babulal Joshi and Others AIR 1987 Bom. 276, wherein it was held that the detailed enquiry was not needed under CA NO. ...... OF 2017 @ SLP (C) NO. 614 OF 2015 Order XXII Rule 10 CPC and that there need be only a prima facie satisfaction that the interest has been assigned and the grounds on merits need not be considered. The court noted that though the suit was filed in 1986, the same was listed for the first time only in 2000 and then in 2007, in 2008 and later in 2014. Observing that no prejudice will be caused to the appellant, the Chamber Summons was allowed vide order dated 16.04.2014 and costs of Rs.10,000/- was directed to be paid to the appellant. Being aggrieved, the appellant preferred the Letters Patent Appeal which came to be dismissed holding that the proposed amendment did not affect the case of the appellant on merits and that the appellant could challenge the assignment in favour of respondent No.3 after the final decree. Being aggrieved by the dismissal of Letters Patent Appeal, the appellant has preferred this appeal.

7. Per contra, learned Senior Counsel for the respondents Mr. Shekhar Naphade submitted that the order allowing the application in Order XXII Rule 10 CPC is in the nature of an interim order and not finally determined the rights of the parties and hence no Letters Patent Appeal will lie. The learned Senior Counsel further submitted that respondent No.3 claims as an assignee of the rights of the respondent Nos.1 and 2 and has the right to continue the suit and the order allowing impleading application does not affect the rights of the parties. It was further contended that the rights of respondent No.1 under the agreement of sale is a transferable right to sue and the assignee having acquired the right during the pendency of the suit for specific performance. It was submitted that the provisions of Order XXII Rule 10 CPC enables the assignee to make an application to the court to implead as party to continue the suit for which the provisions of Limitation Act do not apply. It was submitted by a well-reasoned order that learned Single Judge allowed the Chamber CA NO. ...... OF 2017 @ SLP (C) NO. 614 OF 2015 Summons and the Division Bench rightly dismissed the appeal and the impugned order does not suffer from any error of law warranting interference.

12. The stand of respondent No.3 is that it claims as an assignee of the rights of respondent Nos.1 and 2 and that it has the right to continue the suit under Order XXII Rule 10 CPC and the provisions of limitation, do not apply to such an application. To appreciate merits of this contention, we may usefully refer to Order XXII Rule 10 CPC, which reads as under:-

ORDER XXII: DEATH, MARRIAGE AND INSOLVENCY OF PARTIES ...........

Under Order XXII Rule 10 CPC, when there has been an assignment or devolution of interest during the pendency of a suit, the suit may, by leave of the Court, be continued by or against person to or upon whom such interest has been assigned or devolved and this entitles CA NO. ...... OF 2017 @ SLP (C) NO. 614 OF 2015 the person who has acquired an interest in the subject-matter of the litigation by an assignment or creation or devolution of interest pendente lite or suitor or any other person interested, to apply to the Court for leave to continue the suit. When the plaintiff assigns/transfers the suit during the pendency of the suit, the assignee is entitled to be brought on record and continue the suit. Order XXII Rule 10 CPC enables only continuance of the suit by the leave of the court. It is the duty of the court to decide whether leave to be granted or not to the person or to the assignee to continue the suit. The discretion to implead or not to implead parties who apply to continue the suit must be exercised judiciously and not arbitrarily.