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"Order XXII R.10. Procedure in case of assignment before final order in suit.---
(1) In other cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the Court, be continued by or against the person to or upon whom such interest has come or devolved.
(2) The attachment of a decree pending an appeal therefrom shall be deemed to be an interest entitling the person who procured such attachment to the benefit of sub-rule (1)."

It thus appears that the Court may grant leave to any person who claims any interest to have been assigned, created and / or devolved during the pendency of the suit, to continue with the suit. The aforesaid provision is based on the principles that the carriage of the proceeding cannot be brought to an end because the interest of a party in relation to subject matter of the suit has devolved upon another during the pendency of the suit but the suit may be continued by or against such person acquiring interest with the leave of the Court. The discretion to implead or not to implead the parties to continue with the suit should be exercised judicially and not capriciously or arbitrarily. If the interest of the Appellant is claimed to have been assigned and / or devolved upon a person who intends to carry with the suit or appeal or the proceeding, the one and the foremost thing which the Court should consider whether he can continue with the suit or appeal or the proceeding if the original party can continue it.