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1 - 10 of 10 (0.30 seconds)Section 52 in Transfer of Property Act, 1977 [Entire Act]
Article 226 in Constitution of India [Constitution]
Dhurandhar Prasad Singh vs Jai Prakash University And Ors on 24 July, 2001
6. While on the other hand, the learned Counsel
for the respondent No.5, who has conteste:'d_l'~~this
petition, would assert that the suit
indeed been gifted to respondent'No.5"'[§y:§~.;spo_iide,n'tVV'
No.1 and the trial court has, in ;%aeic¢gfi:t:p;:nleof
transfer, allowed the application the.said"3re'spondent'
is not a stranger who has
acquired title to theuésandiel passed in
respect of theLVVsvVf._1it her interest,
there to be made a party to
the application has been
»{l'l€I'€ is no substance in the
writ. petition; VThe"'learned Counsel places reliance on
v ., ptlielifoi-.lioWixfig j
H liiarepnvdranath Shetty and Another Vs. Sri P.S.
lemma mac Pisey and Others ILR 2009 KAR 2870
n2.h"lZ)éhurandhar Prasad Singh Vs Jai Prakash University
" "and others 2001 AIR scw 2574.
Transfer of Property Act, 1977
Article 227 in Constitution of India [Constitution]
Phoolchand And Anr vs Gopal Lal on 10 March, 1967
and this Court heid that Order XXII Rule 10 CPQ, deals
with the procedure in case of assignment befo1~*e"a's'fina1
order in a suit and that, in the case of an
creation or devoiution of any. ._inte'rest"*duringr_ thek
pendency of the suit, the suit lesave'
be continued by or against person to or 'eporr iévhorn'
such interest has conie orV.rdestfo1Ved..'and'eventiassurning
that the petitioners were not proper
parties, they -¢j:V0:1.1Id assignees under
Order is Even though an
1 Rule 10 CPC, the
labeilingss and the Court could always
treat the eerrre as are under Order xxn Rule 10(1) cpc.
V or consideration therefore, according
to'--.this.-Coifut, was that it was to be addressed whether
the 1"eiief couid be granted in favour of the applicant and
would be a question which could be gone into
during the course of the proceedings and cannot be said
5
at the very threshold and this Court also relied upon the
judgment in Phoolchand Vs. Gopal La}. AiR."~ll£_36_'1"~».v{SC
1470, to hold that insofar as partit_ion
concerned, if an event transpi_res._afte.i=? the'<p~rel'irninaryll't.
decree which necessitates a rnodiiiication'-olf the
the Court can and shoulld.V:vg:lir1._odifAy' the_vsh:ai*es"'allotted}V
but this can only b.€...do'n&e;"'so'g':'long as lithe. final decree
has not been passed and vtlie-.petitioners were
entitled to, be '-_~ and necessary
parties.
A Ravishankar Shetty vs Suresh Chadaga P S on 27 February, 2009
6. While on the other hand, the learned Counsel
for the respondent No.5, who has conteste:'d_l'~~this
petition, would assert that the suit
indeed been gifted to respondent'No.5"'[§y:§~.;spo_iide,n'tVV'
No.1 and the trial court has, in ;%aeic¢gfi:t:p;:nleof
transfer, allowed the application the.said"3re'spondent'
is not a stranger who has
acquired title to theuésandiel passed in
respect of theLVVsvVf._1it her interest,
there to be made a party to
the application has been
»{l'l€I'€ is no substance in the
writ. petition; VThe"'learned Counsel places reliance on
v ., ptlielifoi-.lioWixfig j
H liiarepnvdranath Shetty and Another Vs. Sri P.S.
lemma mac Pisey and Others ILR 2009 KAR 2870
n2.h"lZ)éhurandhar Prasad Singh Vs Jai Prakash University
" "and others 2001 AIR scw 2574.
Sri Vardhaman Stanakvisi Jain Sravak ... vs Chandrakumar And Anr. on 22 March, 1984
8. MeIA{'a,V_ and Another Vs. Meka Pulla
Ready hfzogjeh INDLAW AP 293
»A VTar€ihaman Stanakvisi Jain Sravak Sangh Vs.
and another ILR 1984 Kar 889.
Hanuman Singh vs Stat E & Ors on 17 December, 2009
5. Hanuman Ram Vs. Stat; 0f"R_eij'astha1iA
2009 SC 69.
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