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2019 (1) TMI 2046 - PUNJAB AND HARYANA HIGH COURTApplication for impleading the petitioner as party defendant No. 9 dismissed - Order 1, Rule 10 read with Section 151, CPC - specific performance of agreement to sell - vendee lis pendens or not - constructive notice of pendency of the suit - HELD THAT:- It is true that vendee lis pendens has no right to be impleaded under Section 52 of Transfer of Property Act as the presence of subsequent vendee is not at all necessary for adjudication of the question between the plaintiff and the defendant. Doctrine of lis pendens is a doctrine based on the ground that it is necessary for the administration of justice that the decision of a Court in a suit should be binding not only on the litigating party, but on those, who derive title pendente lite. This provision does not intend to annul the conveyance or the transfer to render it subservient to the right of a party to the litigation. Since the controversy has arisen from a suit for specific performance in which petitioner has purchased the subject-matter of suit vide two sale deeds during pendency of the suit. Application for impleading the petitioner under Order 1, Rule 10 read with Section 151, CPC is allowed and the petitioner being assignee by sale is ordered to be impleaded as party defendant No. 9 in the suit.
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