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Bibi Zubaida Khatoon Versus Nabi Hassan Saheb

2003 (11) TMI 616 - SUPREME COURT

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 filed for redemption of mortgage and the other filed for specific performance of Agreement of Sale, the petitioner made two applicatio .....

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d 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 the two suits observing that the property having been purchased during pendency of the suit the decree passed in the suit shall bi .....

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l 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 on record by proposed amendment to the pleadings ought to have been allowed by the trial court. It is submitted that the High Cour .....

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sh 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 pendencey of the suit and without seeking leave of the court as required by section 52 of the Transfer of Property Act. The petitioner .....

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ction 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 court should in all cases be allowed to join and contest the pending suits. The decision relied on behalf of the contesting respon .....

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