pendente lite
transferee the right to obstruct in executing a decree for delivery of an
immovable property), has a pendente lite transferee become procedurally
irrelevant ... pendente lite alienee)
27. With no procedural insistence on the one who approaches the Court to
implead the pendente lite transferee (particularly in the final
pendente lite
transferee the right to obstruct in executing a decree for delivery of an
immovable property), has a pendente lite transferee become procedurally
irrelevant ... pendente lite alienee)
27. With no procedural insistence on the one who approaches the Court to
implead the pendente lite transferee (particularly in the final
that the
court, under Order I Rule 10, CPC , can implead transferee
pendente lite to a suit either on an application of the parties ... transferees
pendente lite, they have stepped into the shoes of the
respondents/defendants, therefore, this court is of the view
that the transferees pendente lite
Sundaram asserts that there is no
bar to the impleadment of a transferee pendente lite, even when
the transferee has prior knowledge of pendency ... admitted position, there exists no bar to the impleadment of
transferees pendente lite with notice. Permitting the impleadment
of a transferee pendente lite
record;
Sixthly, merely because such transferee pendente lite does not
come on record, the concept of his (transferee pendente lite)
not being bound ... transaction pendente lite is hit by the
provisions of Section 52 of the Transfer of Property Act; and
Eighthly, a transferee pendente lite, being
liable to be impleaded and the court concerned is having discretion to permit impleadment of transferee pendente lite and as such, the composite application seeking ... liable to be impleaded and the court concerned is having discretion to permit impleadment of transferee pendente lite and as such, the composite application seeking
face of judgments, which clearly hold that
such transferees pendente lite have no right to be impleaded or to even
obstruct the execution proceedings, wastage ... paragraph
No.30 of Kachhi Properties Judgment, that such transferee pendent lite
cannot claim impleadment, cannot be read as a binding precedent
part of the observation of this
Court that such transferee pendente lite cannot claim the
impleadment cannot read as a binding precedent. There cannot ... aforesaid discussion are:
(i) as far as right of impleadment of transferee
pendente lite is concerned, what will bind this
Court is what is held
considering an appeal against
order passed by High Court allowing impleadment
of transferees pendente lite in the suit for
specific performance which was pending before ... plaintiff chose to implead the transferees,
transferee
such impleadment cannot be equated to claim of
to be impleaded or being in a
position to resist
implead
the transferee pendente lite as party to the suit. Even if the transferee is not
necessary party to the suit, the transferee is certainly ... bound by the result of the lis being transferee pendente lite.
Moreover, if transferee is not impleaded as party to the suit, the transferee
