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.