TMI Blog1999 (2) TMI 680X X X X Extracts X X X X X X X X Extracts X X X X ..... y during the pendency of the suit. But on 16.0.32, a Vakalat was filed on behalf of the defendants and 4th defendant also filed an affidavit in the Court purporting to be on behalf of the defendants. The counsel appearing for the parties expressed their consent before the Court that during the pendency of the case the parties could be directed not to sell the suit property to any third person. In the light of the consent of the counsel, the Court passed an order on that date directing the parties not to transfer the disputed property described in the plaint in favour of any other person till the final disposal of the suit. 3. On 19.8.1992 the first defendant sold his l/4th share in one of the lands to the third respondent and 1/4th share ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 340 Cr. P.C. filed by the first, defendant and observed that the same had been dismissed by order dated 20.12.92. There is also a reference in the order of the trial court to a proceeding in the High Court filed by the plaintiff for quashing orders dated 10.11.95 and 19.4.96 passed in the suit and a miscellaneous civil appeal arising from the suit wherein respondents 3 to 5 had been impleaded as parties. It is seen from the order of the trial court that certain proceedings under Order XXXIX Rule 2A C.P.C. concerning the question of attachment of the properties sold were also pending. It is only after taking note of all those facts, the trial court allowed the application of respondents 3 to 5 to implead them as parties to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impleaded Tin the suit, there will be no end to such impleadment as the parties will indulge in further transfers of the suit property and the plaintiff as 'dominus litis' cannot be made to fight against such persons indefinitely and endlessly. 8. The facts set out by us in the earlier paragraphs are sufficient to show that, there is a dispute as to whether the first defendant in the suit was party to the order of injunction made by the Court on 18.0.92. The proceedings for punishing him for contempt are admittedly pending. The plea raised by him that the first respondent had played a fraud not only against him hut also on the Court would have to be decided before it can be said that the sales effected by the first defendant were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arty to the proceedings. The Court has taken note of the provisions of Section 52 of the Transfer of Property Act as well as the provisions of Rule 10 of Order XXII C.P.C. The Court said: ...It may be that if he does not apply to be impleaded, he may suffer by default on account of any order passed in the proceedings. But if he applies to be impleaded as a party and to be heard he has got to be so inpleaded and heard... 11. In Ramesh Hirachand Kundanmal versus Municipal Corporation of Greater Bombay and others (1992)2 S.C.C. 524 this Court discussed the matter at length and held that though the plaintiff is a 'dominus litis' and not bound to sue every possible adverse claimant in the same suit, the Court may at any stage o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellants. While proceedings for passing a final decree was pending, the parties moved for accounting and preservation of mesne profits. The trial court passed an order restraining all parties from alienating or otherwise transferring in any manner any part of the property involved, in the suit. Nearly two years thereafter, one of the sharers assigned his rights under the preliminary decree by a registered deed partly in favour of the wife of his lawyer and partly in favour of others in the teeth of the restraint order passed by the Court. On the basis of the assignment deed, the assignees made an application under Order XXII, Rule 10 C.P.C. for impleadment as parties to the final decree proceedings. It was contended on their behalf that assi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation/assignment was made. If we were to let it go as such, it would defeat the ends of justice and the prevalent public policy. When the Court intends a particular state of affairs to exist while it is in seisin of a lis, that state of affairs is not only required to be maintained, but it is presumed to exist till the Court orders otherwise. The Court in these circumstances has the duty as also the right to treat the alienation/assignment as having not taken place at all for its purposes. Once that is so, Pritam Singh and his assignees, respondents herein, cannot claim to be impleaded as parties on the basis of assignment. Therefore, the assignees-respondents could not have been impleaded by the trial court as parties to the suit, in disob ..... X X X X Extracts X X X X X X X X Extracts X X X X
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