ANIL KUMAR SINGH Vs. PAPPU

JUDGEMENT

(1.) This is a revision filed by the plaintiff under sec. 115 of the Code of Civil Procedure challenging an order dtd. 31/10/2019 passed by the Civil Judge, Junior Division, Lucknow, allowing an application bearing No. A-47 filed by the transferees pendent lite for impleadment.

(2.) The application A-47 has been allowed by the Court below on the finding that the applicants (respondent nos. 3 and 4 in the revision) are the bona fide purchasers whose presence is necessary in order to enable court to effectually and completely adjudicate upon and settle all the questions involved in the suit.

(3.) The facts of the case, in brief, are that respondent no. 1 and 2 (defendant nos. 1 and 2 in the suit) entered into an agreement to sell in respect to the suit property on 8/5/2015 with the revisionist-plaintiff, but failed to perform their part of the agreement, consequently a suit for specific performance of contract was filed by the revisionist on 5/10/2016 before the court below at Lucknow. The civil court issued summons which were served upon defendant nos. 1 and 2 on 20/10/2016. Thereafter, i.e., during pendency of the said suit bearing No. 1857 of 2016, Anil Kumar Singh v. Pappu and anr., defendant nos. 1 and 2 (respondent nos. 1 and 2 in the revision) executed a sale-deed in favour of defendant nos. 3 and 4 (respondent nos. 3 and 4 in the revision) on 23/11/2016 which, according to the revisionists' counsel was hit by sec. 52 of the Transfer of Property Act 1882. The defendant nos. 1 and 2 filed their written statement on 21/2/2018 and issues were framed by the Civil Court on 15/5/2018. On 1/12/2018 P.W. 1 was examined. He was cross-examined by the defendant nos. 1 and 2 on 13/12/2018. On 9/1/2019 P.W.2 was examined. He was cross-examined on 19/10/2019. In the interregnum when the matter was fixed for examination of Defence witness 2, respondent nos. 3 and 4 filed an application bearing no. A-47 for their impleadment on 5/7/2019 stating that they had purchased the suit property vide sale-deed dtd. 23/11/2016. It is this application which has been allowed by the impugned order dtd. 31/10/2019.