Decided on January 11,2016

Khandalwal Vipra Vidyalaya Samiti And Ors. Respondents


- (1.) The only question raised before this Court is whether the High Court has correctly upheld the order of the learned Single Judge allowing the application filed under Order 22, Rule 10 of the Code of Civil Procedure by Respondent No.1 Society.
(2.) Mr. Puneet Jain, learned counsel appearing on behalf of the petitioners submitted that the High Court ought to have dismissed the application since the application had been filed before the Court after long delay. In support of his submissions he relied upon the following decisions of this Court: Raj Kumar v. Sardari Lal & Ors., 2004 2 SCC 601; Amit Kumar Shaw & Anr. v. Farida Khatoon & Anr., 2005 11 SCC 403; Vidur Impex & Traders Pvt. Ltd. & Ors. v. Tosh Apartments Pvt. Ltd. & Ors., 2012 8 SCC 384; Bibi Zubaida Khatoon v. Nabi Hassan Sahib & Anr., 2004 1 SCC 191 and Thomson Press (India) Ltd. v. Nanak Builders & Investors Pvt. Ltd. & Ors., 2013 5 SCC 397.
(3.) We have duly taken note of these decisions and it appears to us that in Raj Kumar v. Sardari Lal , this Court has held that in case of an assignment, creation or devolution of any interest during the pendency of any suit, Order 22, Rule 10 CPC confers a discretion on the Court hearing the suit to grant leave to the person in or upon whom such interest has come to vest or devolve to be brought on record. Bringing of a lis pendens transferee on record is not as of right but is the discretion of the Court. We have also noticed that in Amit Kumar Shaw & Anr. v. Farida Khatoon & Anr. , this Court has held that it is not necessary to make a detailed enquiry at the stage of granting leave under Order 22, Rule 10 of CPC. The Court at that point of time has to be prima facie satisfied for exercising its discretion in granting leave for continuing the suit by or against the person on whom the interest has devolved by assignment or devolution. The question about the existence and validity of the assignment or devolution can be considered at the final hearing of the proceedings. In Vidur Impex & Traders Pvt. Ltd. , Bibi Zubaida Khatoon and Thomson Press (India) Ltd., this Court though dealt with impleadment under Order 22, Rule 10 of CPC and Section 52 of the Transfer of Property Act the said decisions do not apply to the facts of this case. Therefore, the judgments cited by Mr. Jain, in our opinion, cannot help him in the attendant facts and circumstances.;

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