decree passed would bind on the transferee as if he is the judgment debtor, though he is not a party to the suit. In other words, the decree on immovable property would bind on both the judgment debtors and the persons litigating under them including those who derived title or interest over the property during the pendency of the suit. Pendente lite transfer would stand as valid subject to the result of the suit. An application submitted for declaring their title or interest over the property based on pendente lite transfer cannot be entertained by the Execution Court either under Section 47 or by any of the provisions under Order XXI CPC. The principle behind it is that the decree passed determining any right to immovable property once attained finality cannot be reopened either by judgment debtors or by persons litigating under any of them. A pendente lite transferee is a person litigating under the judgment debtor who is bound by the decree and unless he has got any independent right, title and interest over the property apart from the right obtained under pendente lite transfer, he cannot maintain an application for declaration of
