GULJAR RAI Vs. LALDEO SINGH & ORS.

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel appearing on behalf of respondent No. 1. The petitioner, in this application under Article 227 of the Constitution of India, is aggrieved by the order dated 27.5.2013 passed in Title Suit No. 7/2003 by learned Sub -Judge -VI, Vaishali, Hajipur whereby the court below has rejected a petition for impleading the petitioner as party defendant in the suit.

(2.) THE suit was filed by the respondent No. 1. During the pendency of the suit, the petitioner purchased a part of the suit land bearing Khata No. 85, Plot No. 413, area 46 decimals through a sale deed executed on 12.1.2013. The petitioner's case is that he had no knowledge about the pendency of the suit and when he learnt about the pendency of the suit, he filed an application before the court below under Order 1 Rule 10(A) of the Code of Civil Procedure for his impleadment as a party defendant. The court below, however, rejected the application by the order dated 27.5.2013 which is under challenge in the present application.

(3.) LEARNED counsel appearing on behalf of respondent No. 1, on the other hand, has submitted that petitioner, knowing well that a suit was pending, purchased the property without seeking leave from the court and, therefore, the court below rightly rejected the application (sic -under?) Order 1 Rule 10(A) of the Code of Civil Procedure. He submits that the transfer was hit by doctrine of lis pendens, as contained in Section 52 of the Transfer of Property Act. He submits that petitioner being neither a necessary nor a proper party was rightly not allowed by the court below to be impleaded as party defendant. He has placed reliance upon a Supreme Court judgment reported in : (2004)1 SCC 191 : 2004 (1) PLJR (SC) 66 (Bibi Zubaida Khatoon v. Nabi Hasan Saheb & Anr.).