Law: Transfer of Property Act, 1882

Section: 52

Law: Civil Procedure Code (V of 1908)

Section: 10,0.1,R.10&S.146

Law: Constitution of Pakistan, 1973

Section: 185(3)

a) Transfer of Property Act (IV of 1882)--S. 52---Lis pendens, doctrine of---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider the question as to whether the rule of lis pendens could be set up as a bar to an application by a transferee pendente lite from being impleaded as a party to the pending proceedings. (b) Transfer of Property Act (IV of 1882)--- ----S. 52---Civil Procedure Code (V of 1908), O.XXII, R. 10, 0.1, R. 10 & S.146--Lis pendens, doctrine of---Scope and application---Provision of S. 52, Transfer of Property Act, 1882 does not preclude the transferee pendente lite from being made a party to the pending proceedings on the basis of such transfer---Principles. The doctrine of lis pendens contained in section 52 of the Transfer of Property Act, 1882 merely provides that a transfer of immovable property during pendency of a suit, which is not collusive in nature, in which the right to such immovable property is directly and specifically in question, cannot defeat or affect the rights of any party to the proceedings under any decree or order which may be made in such suit. This provision does not preclude the transferee pendente lite from being made a party to the pending proceedings on the basis of such transfer. Order XXII, Rule 10, C.P.C. which regulates the proceedings of a suit provides that in cases of assignment, creation or devolution of any interest during pendency of suit, the suit may be continued by or against the person to or upon whom such interest has come or devolved. Another provision which is relevant in such situation is section 146 of C.P.C. which provides that where any proceedings may be taken or application made by or against any person, then the proceedings may be taken or the application may be made by or against any person claiming under him. Provisions of section 146 and Rule 10 of Order XXVII, C.P.C. apply equally to appeals. Supreme Court allowing the appeal, granted the application of appellant under Order 1, Rule 10, C.P.C. filed before the High Court and directed that he may be impleaded as respondent in the pending R.S.A. Muhammad Munir Paracha, Advocate Supreme Court instructed…

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