JAGANNATH MAHAPRABHU Vs. PRAVAT CHANDRA CHATTERJEE

JUDGEMENT

(1.) This matter has come before this Full Bench to consider the correctness of the decision of a Division Bench of this Court in the case of Pranakrushna v. Umakanta Panda, AIR 1989 Orissa 148, laying down the rule that in a suit for declaration of title a transferee from the defendant pendente lite is neither a necessary nor a proper party and is not entitled to be impleaded inasmuch as he would be bound by the decree in the suit, having regard to the principles contained in Section 52 of the Transfer of Property Act.

(2.) The motion of opposite parties 2 and 3, the purchasers pendente lite from opposite party No. 1 - defendant, having been allowed by the Munsif, Puri, in Original Suit No. 169 of 1982, the plaintiff has moved this Court for revision of the said order on the ground that a purchaser pendente lite having regard to the provisions contained in Section 52 of the Transfer of Property Act is neither a necessary nor a proper party under Order 1, Rule 10(2) of the Code of Civil Procedure nor is he entitled to be be impleaded under Order 22, Rule 10(1). Hence, the exercise of discretion by the trial Court in allowing such purchaser to be impleaded as a party is in excess of jurisdiction and jurisdiction has been exercised illegally and with material irregularity.

(3.) The petitioner instituted the suit for a decree for eviction of the defendant, recovery of possession and damages for illegal occupation. Opposite Party No. 1 denied the assertions of the petitioner and his title. By registered sale deed dated 27-2-84, a portion of the property involved in the suit was sold by opposite party No. 1 in favour of opposite parties 2 and 3 who filed an application on 1-10-1985 under Order 1, Rule 10 of the Code of Civil Procedure to be impleaded as parties. Despite objection of the petitioner, by the impugned order the learned munsif allowed their prayer holding that though no doubt the transfer was hit by the rule of lis pendens, inasmuch as the defendant-opposite party No. 1 might not be interested after sale in properly conducting the suit and that might cause prejudice to the lis pendens purchasers, they should be arrayed as parties under Order 22, Rule 10 of the Code of Civil Procedure.