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1 - 10 of 10 (0.88 seconds)The Code of Civil Procedure, 1908
Sm. Saila Bala Dassi vs Sm. Nirmala Sundari Dassi And Another on 14 February, 1958
"10.The law laid down by a four-Judge Bench of this Court in Saila Bala Dassi v. Nirmala Sundari Dassi1 is apt for resolving the issue arising for decision herein. A transferee of property from the defendant during the pendency of the suit sought himself to be brought on record at the stage of appeal. The High Court dismissed the application as it was pressed only by reference to Order 22 Rule 10 CPC and it was conceded by the applicant that, not being a person who had obtained a transfer pending appeal, he was not covered within the scope of Order 22 Rule 10. In an appeal preferred by such transferee, this Court upheld the view of the High Court that a transferee prior to the filing of the appeal could not be brought on record in appeal by reference to Order 22 Rule 10 CPC. However, the Court held that an appeal is a proceeding for the purpose of Section 146 and further, the expression claiming under is wide enough to include cases of devolution and assignment mentioned in Order 22 Rule 10. Whoever is entitled to be but has not been brought on record under Order 22 Rule 10 in a pending suit or proceeding would be entitled to prefer an appeal against the decree or order passed therein if his assignor could have filed such an appeal, there being no prohibition against it in the Code. A person having acquired an interest in suit property during the pendency of the suit and seeking to be brought on record at the stage of the appeal can do so by reference to Section 146 CPC which provision being a beneficent provision should be construed liberally and so as to advance justice and not in a restricted or technical sense. Their Lordships held that being a purchaser pendente lite, a person will be bound by the proceedings taken by the successful party in execution of decree and justice requires that such purchaser should be given an opportunity to protect his rights.
Section 54 in The Code of Civil Procedure, 1908 [Entire Act]
Amit Kumar Shaw & Anr vs Farida Khatoon & Anr on 13 April, 2005
20. The decisions of the Hon'be Apex Court reported in 2004 (1) CTC 549 [Raj Kumar v. Sardari Lal and others] and AIR 2005 SC 2209 [Amit Kumar Shaw and another vs. Farida Khatoon and another] supra would, in my considered view, come to the rescue of the appellants herein. The said decisions would unambiguously and unequivocally highlight and spotlight that such purchasers pendente lite are having a right to contest the matter on merits even after getting the ex parte decree and judgment set aside as against their vendor. In fact here the plaintiffs themselves paved the way for the purchasers pendente lite to contest the matter on merits and in such a case I am of the considered view that the decision cited on the side of the plaintiffs would not in any way prevent the appellants/defendants from contesting the matter on merits. The trial Court went off on a tangent and decided the lis, without referring to all the relevant precedents and the factual circumstances; and it simply prevented the defendants from contesting the matter on merits. There is no quick fix and also there are no two ways about it, in disposing the matter without adhering to the maxim "audi alteram partem No man shall be condemned unheard." No doubt, I am fully aware of the fact that this is a long pending matter and in such a case if the matter is remitted back to the trial Court, it would take further time for the litigation to get concluded. The first appellate Court being the last Court of facts, on considering the facts and circumstances of the case could have given opportunity to cross examine the plaintiffs' witness and also could have given opportunity to the defendants concerned to adduce evidence, but it failed to do so. Hence, remanding the matter to the first appellate Court which happened to be the last Court of facts would to some extent curtail further time of the litigation and with that intention I would like remand the matter back to the first appellate Court with the following direction:
V.L. Dhandapani vs Revathy Ramachandran on 12 January, 2011
(vi) The decision of this Court was reported in 2011(1) LW 727 [V.L.Dhandapani v. Revathy Ramachandran and others]; an excerpt from it would run thus:
Sarvinder Singh vs Dalip Singh & Ors on 2 August, 1996
In Sarvinder Singh v. Dalip Singh2 it was observed in para 6 as follows: (SCC pp.541-42, para 6)
6. Section 52 of the Transfer of Property Act envisages that:
Dhurandhar Prasad Singh vs Jai Prakash University And Ors on 24 July, 2001
In Dhurandhar Prasad Singh v. Jai Prakash University it was noted as follows: (SCC pp.541-42, para 7)
7. Under Rule 10 Order 22 of the Code, when there has been a devolution of interest during the pendency of a suit, the suit may, by leave of the court, be continued by or against persons upon whom such interest has devolved and this entitles 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.
Sanjay Verma vs Manik Roy And Ors on 8 December, 2006
(ii) (2006) 13 SCC 608 [Sanjat Verma v. Manik Roy and others]; an excerpt from it would run thus:
Section 146 in The Code of Civil Procedure, 1908 [Entire Act]
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