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TMI Blog2003 (11) TMI 616X X X X Extracts X X X X X X X X Extracts X X X X ..... he court cannot, as of right, seek impleadment as a party in the suits which are long pending since 1983. It is true that when the application for joinder based on transfer pendente lite is made, the transferee should ordinarily be joined as party to enable him to protect his interest. But in instant case, the trial court has assigned cogent reasons for rejecting such joinder stating that the suit is long pending since 1983 and prima facie the action of the alienation does not appear to be bona fide. The trial court saw an attempt on the part of the petitioner to complicate and delay the pending suits. The statement of law by this Court in the cases of Dhurandhar Prasad Singh [ 2001 (7) TMI 1278 - SUPREME COURT] clearly shows that the trial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posite party seeking specific performance of the Agreement of Sale based on the same acquisition of title during pendency of suit, joinder was sought to that suit as defendant. The trial court by order dated 11.10.1996 rejected the prayer for joinder of the petitioner in the two suits observing that the property having been purchased during pendency of the suit the decree passed in the suit shall bind the transferee pendente-lite. It also observed that suit being old of the year 1983, its earliest disposal is necessary. For the same reasons that two other applications under Order 1 Rule 10 and Order 6 Rule 17 were also rejected by the trial court. By the impugned common order, the High Court in its revisional jurisdiction which was invoked ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... without seeking leave of the court as required by section 52 of the Transfer of Property Act. The petitioner being a transferee pendente lite without leave of the court cannot, as of right, seek impleadment as a party in the suits which are long pending since 1983. It is true that when the application for joinder based on transfer pendente lite is made, the transferee should ordinarily be joined as party to enable him to protect his interest. But in instant case, the trial court has assigned cogent reasons for rejecting such joinder stating that the suit is long pending since 1983 and prima facie the action of the alienation does not appear to be bona fide. The trial court saw an attempt on the part of the petitioner to complicate and dela ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erties. Therefore, the alienation obviously would be hit by the doctrine of lis pendens by operation of section 52. Under these circumstances, the respondents cannot be considered to be either necessary or proper parties to the suit. In case of Dhurandhar Prasad Singh(supra), observations relevant for the purpose of these appeals read thus :- Where a party does not ask for leave, he takes the obvious risk that the suit may not be property conducted by the plaintiff on record, yet he will be bound by the result of the litigation even though he is not represented at the hearing unless it is shown that the litigation was not properly conducted by the original party or he colluded with the adversary. The above statement of law by this Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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