9911796707
TMI Blog2019 (1) TMI 2046X X X X Extracts X X X X X X X X Extracts X X X X ..... er against the order dated 22.05.2018 passed by Civil Judge (Junior Division), Ajnala vide which the application filed by the petitioner under Order 1, Rule 10 read with Section 151, CPC for impleading the petitioner as party defendant No. 9 was dismissed. 2. Civil suit for possession by way of specific performance of agreement to sell dated 24.09.2005 in respect of 8 Kanals being ½ share ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reet Singh, Gurpreet Singh and Kuldeep Singh sons of Lakhbir Singh in respect of land measuring 3 Kanals 10 Marlas from the aforesaid land. 4. The application was dismissed by the trial Court on the premise that the petitioner is vendee lis pendens and cannot be allowed to be impleaded as she was having constructive notice of pendency of the suit. Subsequent purchaser cannot be presumed to be nec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndant. 8. Section 19(b) of Specific Relief Act enables the assignee by sale in a suit for specific performance to be impleaded as party. The aforesaid exception has been carved out in view of nature of suit being a specific performance, wherein the assignee by sale can protect his title and join the proceedings. Doctrine of lis pendens is a doctrine based on the ground that it is necessary for th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
