BHAGWATI LAL Vs. JHAMAK LAL

JUDGEMENT

(1.) DEVI Singh sold the property described in para No. 1 of the plaint to Smt. Khyali Bai, Jhamak Lal claimed a right of preemption in respect of the aforesaid sale and filed a suit for pre-emption in the court of the District Judge, Udaipur against DEVI Singh and Smt, Khyali Bai. In that suit, which was transferred to the court of the Additional District Judge, Udaipur, Bhagwati Lal filed an application stating that he has purchased the suit house from Smt. Khyali Bai by a registered sale deed dated May 4, 1979 and prayed that he may be joined as one of the defendants in the suit. The trial court rejected the application of Bhagwati Lal on the ground that a lis pendency transfer did not give rise to an independent liability and as Smt. Khyali Bai was already defending the suit, Bhagwati Lal "has to resign his fate throwing it with the lot of Khyali Bai. " Not only that the application of Bhagwati Lal was dismissed, the learned Additional District Judge also imposed costs on him for delaying the proceedings in the suit.

(2.) IN my view, the order passed by the learned Additional District Judge is indefensible. It appears that the learned Additional District Judge was not at all conversant with and did not care to read the provisions of Order 22 Rule 10 C. P. C, which are as under : - "order 22 Rule 10 (1) : - IN other cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the Court, be continued by or against the person to or upon whom such interest has come or devolved. "