TMI Blog2019 (1) TMI 2046X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 necessar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Singh, J. 1. This revision petition has been preferred by the petitioner against the order dated 22.05.2018 passed by Civil Judge (Junior Division), Ajnala vide which the application filed by the petitioner under Order 1, Rule 10 read with Section 151, CPC for impleading the petitioner as party defendant No. 9 was dismissed. 2. Civil suit for possession by way of specific performance of agreement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Singh son of Lakhbir Singh and 11.11.2013 executed by Harpreet Singh, Gurpreet Singh and Kuldeep Singh sons of Lakhbir Singh in respect of land measuring 3 Kanals 10 Marlas from the aforesaid land. 4. The application was dismissed by the trial Court on the premise that the petitioner is vendee lis pendens and cannot be allowed to be impleaded as she was having constructive notice of pendency of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of the question between the plaintiff and the defendant. 8. Section 19(b) of Specific Relief Act enables the assignee by sale in a suit for specific performance to be impleaded as party. The aforesaid exception has been carved out in view of nature of suit being a specific performance, wherein the assignee by sale can protect his title and join the proceedings. Doctrine of lis pendens is a d ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
