CHANDRA PRAKASH GUPTA Vs. GANGA PRASAD

JUDGEMENT

(1.) THE plaintiff is the petitioner in this revision application. THE petitioner is aggrieved by the order dated 5-9-1991 passed by 1st Sub-Judge, Sitamarhi, in Title Suit No. 21/87 by which the Court below has acceded to the prayer of the Interveners (Opp. party 3rd set) for adding them as party defendants in the Suit.

(2.) THE plaintiff has instituted the Suit in question for a decree for specific performance of contract. THE relevant facts, in short, as set out by the plaintiff, are that the land in dispute belongs to one Dulhin Indira Devi wife of Ganga Prasad (Opp. party No. 1). Her estate devolved on her husband Ganga Prasad and son Kedar Prasad after her death. Subsequently there has been a partition between the father and the son. In the said partition the suit Jand fell to the share of Ganga Prasad (Opp. party No. 1), who, because of need of money, entered into an agreement for sale with the petitioner in respect of the suit land by accepting part consideration money. But the subsequently declined to complete legal formalities necessary for effecting the sale of the suit land. It has been further stated that on 20-4-1991 the Opp. parties No. 3 and 4 filed a petition for adding them as interveners-defendants in the Suit on the ground that they had purchased the suit land by two sale deeds dated 19-4-1990 from Shri Ganga Prasad (Opp. party No. 1) whereby acquiring interest in the suit property which has entitled them for being added as parties to the suit.

(3.) LEARNED Counsel for the petitioner has submitted that in view of the principle of lis pendens as contained in Section 52 of the Transfer of Property Act the transferees pendente lite will be bound by the result of the suit and therefore, they are neither necessary nor proper parties to be added in the Suit. His further submission is that if the interveners Opp. parties are allowed to contest the suit, it will create unnecessary complications.