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AMIT KUMAR SHAW AND ANR. vs. FARIDA KHATOON AND ANR.

SCR Citation: [2005] 3 S.C.R. 509
Year/Volume: 2005/ Volume 3
Date of Judgment: 13 April 2005
Petitioner: AMIT KUMAR SHAW AND ANR.
Disposal Nature: Appeals Allowed
Neutral Citation: 2005 INSC 202
Judgment Delivered by: Hon'ble Dr. Justice A.R. Lakshmanan
Respondent: FARIDA KHATOON AND ANR.
Case Type: CIVIL APPEAL /2592/2005
Order/Judgment: Judgment
1. Headnote

Code of Civil Procedure, 1908-Order 1 Rule 10, Order 22 Rule 10- Necessary party-Subsequent transferee-Substitution of-During pendency of the second appeal, suit property purchased by appellants-Appellant's application for substitution of their names in the appeal dismissed by the High Court-Justification of-Held: High Court not justified in dismissing the application for substitution since appellants were the only persons having subsisting right, title and interest in the property and were absolutely necessary in order to decide the appeal on merits-Transfer of property Act, 1882- Section 52. Doctrines : Doctrine of pendens-Explained The question which arose for consideration in these appeals is whether on a combined reading of Order 1 Rule 10, Order 22 Rule 10, CPC and Section 52 of the Transfer of Property Act, 1882, an application for substitution by a subsequent transferee pendente lite, can be rejected and he be non-suited altogether. 

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Code of Civil Procedure
  • 1908-Order I Rule 10
  • Order 22 Rule 10
5. Equivalent citation
    Citation(s) 2005 AIR 2209 = 2005 (11) SCC 403 = 2005 (11) Suppl. SCC 403 = 2005 (5) JT 20 = 2005 (5) Suppl. JT 20 = 2005 (4) SCALE 108