Law: Transfer of Property Act, 1882

Section: 52

Law: Civil Procedure Code (V of 1908)

Section: 1,10

(a) Transfer of Property Act (IV of 1882)--- ----S.52---Lis pendens, doctrine of---Scope---Provision of S.52 of Transfer of Property Act, 1882, does not declare pendente lite transfer by a party to suit as void or illegal but only makes pendente lite purchaser bound by decision of pending litigation---Effect of applicability of doctrine of lis pendens is that it does not annul conveyance but only renders it subservient to rights of parties to litigation. Rashid Ahmad v. Mst. Jiwan and 5 others 1997 SCMR 171 and Surraya Begum v. Subhan Begum 1992 SCMR 562 rel. (b) Transfer of Property Act (IV of 1882)--- ----S.52---Civil Procedure Code (V of 1908), O. I, R.10---Lis pendens doctrine of---Applicability---Necessary party, impleading of---Principle---No absolute rule that transferee pendente lite without leave of Court should in all cases be allowed to join and contest pending suits---Pendente lite purchaser has no automatic right to be impleaded and the same is discretion of Court based on facts and circumstances of case---Object of O.I, R.10, C.P.C. is to discourage contests on technical pleas, and to save honest and bona fide claimants from being non-suited---Power to strike out or add parties can be exercised by Court at any stage of proceedings---Under O.I, R.10, C.P.C. a person may be added as a party to a suit when, without his presence, questions in suit cannot be completely decided---For deciding application under O.I, O.10 C.P.C., no elaborate inquiry is required---Purchaser pendente lite should ordinarily be made party in pending proceedings to enable him to protect his interest---Where Trial Court sees an attempt on the part of applicant to complicate and delay pending suits, it ought not to show equity in his favour---Where pendente lite purchaser is permitted to be impleaded as party to suit, he is not entitled to defend the suit independently from the party through whom he claims ownership rights---Transferee pendente lite has to be bound by result of suit or proceeding, whether or not he had notice of suit or proceeding---Judgment delivered and findings recorded against pendente lite seller would be binding on pendente lite purchaser in the same…

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