SHANTILATA MASANTA Vs. RAJNIMANI NAYAK

JUDGEMENT

(1.) The order dated 12-3-2004 passed by the learned Civil Judge (JD), Bhadrak in T.S. No. 6 of 1998-1/383 of 2001 rejecting a petition filed under Order 1, Rule 10 read with Section 151 CPC is assailed by the petitioners seeking to be impleaded as parties to the Title Suit.

(2.) As the records reveal, the aforesaid Title Suit had been filed by present opposite party No. 1 inter alia praying for partition of the suit land. Present opposite party No. 3 who is defendant No. 2 in the said suit filed this written statement taking the stand that he has sold the suit land to petitioner No. 1 and another Smt. Brijarani Das by means of a registered sale deed dated 11-9-1998 and has delivered possession thereof to them and they are possessing the same peacefully. It was alleged that after filing his written statement, opposite party No. 3 was exhibiting no interest to contest the suit. Therefore apprehending great prejudice and irreparable loss to her, petitioner No. 1 prayed before the Court below under Order 1, Rule 10 read with Section 151 CPC to implead her to protect her right to the suit property. The said petition was strongly resisted by opposite party No. 1 who is the plaintiff in the suit on the ground that petitioner No. 1 being a lis pendens purchaser no right in respect of the suit property had accrued to her and thus she was not a necessary party to the suit and that the petition was liable to be rejected.

(3.) The Court below after discussing the facts and circumstances of the case and the law on the subject came to the conclusion that in view of the provisions of Section 52 of the Transfer of Property Act, the suit property having been transferred to the third party-intervener during pendency of the suit, that too without leave of the Court, the said third party-intervener was not a necessary party to the proceeding and thus rejected the prayer. Being aggrieved the intervener has approached this Court. The subsequent vendees of aforesaid Smt. Brajarani Das, who had also filed a similar petition before the Court for being impleaded as parties to the suit, have joined petitioner No. 1 in this Writ Petition as petitioner Nos. 2 and 3.