- (1.) The plaintiff/applicants have approached this Court assailing the order dated 12 September 2014 passed by the revisional court/Additional District Judge, Court No. 1, Meerut in Civil Revision No. 227 of 2012, allowing the application under Order I Rule 10 of the third party.
(2.) In a suit for specific performance, the defendant transferred the property during the pendency of the suit. The third party filed an application stating that he has purchased the property, therefore, is a proper party to the lis, thus, may be impleaded. The trial court rejected the application, however, in revision the application was allowed.
(3.) In Thomson Press (India) Ltd. Versus Nanak Builders & Investors P.Ltd. & Ors., 2013 5 SCC 397, the Hon'ble Supreme Court observed that transferee pendente lite is a necessary and proper party and should be impleaded. Paragraph 54 of the aforesaid judgment is extracted: "54. The third dimension which arises for consideration is about the right of a transferee pendente lite to seek addition as a party-defendant to the suit under Order 1Rule 10 C.P.C. I have no hesitation in concurring with the view that no one other than the parties to an agreement to sell is a necessary and proper party to a suit. The decisions of this Court have elaborated that aspect sufficiently making any further elucidation unnecessary. The High Court has understood and applied the legal propositions correctly while dismissing the application of the appellant under Order 1 Rule 10 CPC. What must all the same be addressed is whether the prayer made by the appellant could be allowed under Order 22 Rule 10 CPC.......................It is true that the application which the appellant made was only under Order 1 rule 10 CPC but the enabling provision of Order 22 Rule 10 CPC could always be invoked if the fact situation so demanded. It was in any case not urged by the counsel for the respondents that Order 22 Rule 10 could not be called in aid with a view to justifying addition of the appellant as a party-defendant. Such being the position all that is required to be examined is whether a transferee pendente lite could in a suit for specific performance be added as a party-defendant and, if so, on what terms.";