impleading petition

Sindhu Ravishankar (Querist) 18 March 2009 This query is : Resolved
Property which was in the name of the defendant was transfered to a new party
during the pendency of suit.Is it necessary to implead the new party as Addl.Defendant? is there any decisions regarding this point

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PALNITKAR V.V. (Expert) 18 March 2009
If the property is transferred during pendency of the proceeding, it will be hit by doctrine of Lis pendens. In fact the subsequent transferree need not be added as a party. However, to be on the safer side it is better to add him so that he should not make complications in future.

RAKHI BUDHIRAJA ADVOCATE (Expert) 18 March 2009
Mr. Palnitkar is absolutely right.

M. PIRAVI PERUMAL (Expert) 18 March 2009
I agree with Mr. Palnitkar.

adv. rajeev ( rajoo ) (Expert) 19 March 2009
if the property is transfeered to other person during the pendency of the suit it amounts to Lis pendis and it is necessary to implead the purcahser as defendant please see u/o 1 rule 10 of C.P.C.

Guest (Expert) 20 March 2009
During pending of suits between the parties neither Parties can transfer the property to the third party without the consent of the court, and such type of illegal Transfer is clearly hit by the provision of sec. 52 of the TP Act.And the remedy is that you can file Contempt Application in the Court against the party and also filed the application for addition of the Party(New Purchaser)in the suits for better results in the proceeding in your favour.

Hiralal Das (Expert) 04 April 2009
I agree with the opinions of my learned members friend. You may follow them.

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