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2003 (11) TMI 616 - SUPREME COURT

2003 (11) TMI 616 - SUPREME COURT - 2004 AIR 173, 2003 (5) Suppl. SCR 290, 2004 (1) SCC 191, 2003 (8) JT 478, 2003 (9) SCALE 393 - Civil Appeal No. 854-856 of 1998 - Dated:- 6-11-2003 - SHIVARAJ V. PATIL AND D.M. DHARMADHIKARI JJ. JUDGMENT: Dharmadhikari J. These appeals are directed against a common judgement dated 28.7.1997 passed by High Court of Patna in two revisions under section 115 of the Code of Civil Procedure [hereinafter referred to as 'the Code']. In the cross suits, one fil .....

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the suits, she has purchased the suit property in the year 1996 from the original plaintiff Amichand Agarwal and has, thus, acquired in his place the right of redemption of the mortgaged suit property. In the cross suit of the opposite party seeking specific performance of the Agreement of Sale based on the same acquisition of title during pendency of suit, joinder was sought to that suit as defendant. The trial court by order dated 11.10.1996 rejected the prayer for joinder of the petitioner in .....

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the Code, declined to interfere. Aggrieved thereby, the present appeals have been filed. The learned senior counsel Shri S.B. Sanyal strenuously urged that even though the petitioner is a transferee pendente-lite within the meaning of section 52 of the Transfer of Property Act to afford effective opportunity to her to prosecute the suit for redemption of mortgage and the counter suit for specific performance of the contract, her joinder in two suits as party and prayer to bring subsequent events .....

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[AIR 1999 SC 976]; Saila Bala Dassi vs. Nirmala Sundari Dassi & Anr. [1958 SCR 1287]; and Dhurandhar Prasad Singh vs. Jai Prakash University & Ors. [2001 (6) SCC 534]. The learned counsel, appearing for the contesting respondents, supported the impugned orders of the trial court and the common order passed by the High Court. Reliance is placed on Savinder Singh vs. Dalip Singh & Ors. [1996 (5) SCC 539]. It is not disputed that the present petitioner purchased the property during pend .....

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court has assigned cogent reasons for rejecting such joinder stating that the suit is long pending since 1983 and prima facie the action of the alienation does not appear to be bona fide. The trial court saw an attempt on the part of the petitioner to complicate and delay the pending suits. The decisions cited and relied on behalf of the appellant turned on the facts of each of those cases. They are distinguishable. There is no absolute rule that the transferee pendente-lite without leave of the .....

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ding which is not collusive and in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under the decree or order which may be made therein, except under the authority of the court and on such terms as it may impose.' It would, therefore, be clear that the defendants in the suit were prohibited by operation of secti .....

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