Case Note & Summary
The respondent filed a suit for injunction against Mohd.Osman, which was decreed on 1.4.2006. Mohd.Osman appealed on 15.4.2006. During the pendency of the appeal, he sold the suit property to Hanifabegum vide registered sale deed dated 1.6.2006. Hanifabegum applied to be impleaded as appellant in place of Mohd.Osman under Order 22 Rule 10 CPC. The application was allowed, Mohd.Osman was deleted, and Hanifabegum continued the appeal. The District Court dismissed the appeal. In second appeal, the High Court considered whether the appeal abated against Mohd.Osman and whether Hanifabegum could be impleaded. The court held that the transfer during pendency of appeal is hit by lis pendens under Section 52 of the Transfer of Property Act, 1882, and the transferee is entitled to be brought on record under Order 22 Rule 10 CPC. The appeal does not abate against the original appellant. The court allowed the second appeal, set aside the District Court's judgment, and remanded the matter for fresh hearing on merits.
Headnote
A) Civil Procedure - Impleadment of Transferee Pendente Lite - Order 22 Rule 10 CPC - Transfer of Property Act, 1882, Section 52 - The transferee of suit property during pendency of appeal sought impleadment under Order 22 Rule 10 CPC. The court held that the transferee is entitled to be brought on record as the transfer is hit by lis pendens and the appeal does not abate against the original appellant who transferred the property. (Paras 4-6) B) Transfer of Property - Lis Pendens - Section 52 Transfer of Property Act, 1882 - Transfer of suit property during pendency of appeal is subject to the doctrine of lis pendens. The transferee is bound by the decree and can continue the appeal. (Paras 4-6)
Issue of Consideration
Whether the transferee of suit property during pendency of appeal can be impleaded under Order 22 Rule 10 CPC and whether the appeal abates against the original appellant who transferred the property.
Final Decision
The second appeal is allowed. The judgment and order of the District Court are set aside. The appeal is restored to the file of the District Court for fresh hearing on merits. The District Court is directed to decide the appeal expeditiously.
Law Points
- Doctrine of lis pendens
- Order 22 Rule 10 CPC
- Section 52 Transfer of Property Act
- 1882
- Transfer pendente lite
- Impleadment of transferee
