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Kiran Kumar Sethi vs Manohar Lal Sethi And Ors. on 28 July, 2022 cites

Jineshwardas (Dead) Through L. Rs. & Ors vs Smt. Jagrani & Anr on 26 September, 2003

27. The plaintiff in his reply to the application under Order 1 Rule 10 CPC has taken preliminary objections that the applicant is not a Signature Not Verified necessary and proper party and the present application is clear example of Signed By:NIRMLA TIWARI Signing Date:02.08.2022 00:02:41 abuse of process of law and cause of unnecessary harassment and hardship to the plaintiff. Furthermore, it is barred by limitation. No cogent or plausible reason has been given by the applicant for moving the present application after 14 years when the alleged Sale Deed was executed by defendant No.3 in her favour. Moreover, a person can be added as a party only if he is a necessary and proper party and the suit cannot be decided without his presence. It is submitted that applicant is neither the owner of the suit property by virtue of Sale Deed dated 24 th March, 1967 executed in favour of Pishori Lal Sethi, Manohar Lal Sethi, Munshi Ram Sethi and Gulshan Lal Sethi nor is she legal heir of any of the owners of the suit property. The applicant is, therefore, not a necessary and proper party to the present suit as it was filed by the legal heirs of the predecessor in interest for partition. Furthermore, the Hon'ble Supreme Court in Bibi Zubaida Khatoon vs. Nabi Hassan Saheb Appl.(civil) 854-855 of 1998 decided on 06th November, 2003 has held that a transferee pendent lite, without the leave of the court, cannot as of right, seek impleadement as a party in the suit or appeal. However, whenever an application for joinder based on transfer pendent lite is made, the transferee should ordinarily be joined as a party to enable him to protect his interest. However, the purchase to made is hit by the doctrine of lis pendens by virtue of Section 52 of Transfer of Property Act, 1882, and shall be bound by the final adjudication between the parties. Once, the matter is decided and the decision delivered to the Decree holder, the petitioner who is the pendente lite purchaser has no right to become a party to the suit and has no locus standi to file an application to become a party in the appeal. The application is without merit and is thus, liable to be dismissed.
Supreme Court of India Cites 4 - Cited by 193 - D Raju - Full Document
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