Constitutional petition challenging the rejection of an application to implead lis pendens purchasers in a partition suit. The High Court of Orissa held that purchasers under lis pendens are not necessary parties due to Section 52 of the Transfer of Property Act and dismissed the petition.
The constitutional petition challenging the impugned order was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK CMP NO. 637 OF 2022
Pramila Sahu and others ..... Petitioners
Mr. Ramesh Kumar Sahu, Advocate
-versus-
Smt. Musa Behera and others
…. Opp. Parties
CORAM:
JUSTICE K.R. MOHAPATRA ORDER
Order No.
25.07.2022
dated 30th November, 2021 passed by learned Senior Civil Judge, Soro in C.S. No. 550 of 2005, whereby an application under Order VI Rule 17 C.P.C. filed by them was rejected.
Page 1 of 2
// 2 //
dismissed.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
bks
Page 2 of 2
1 issue framed by the court
Whether the cumulative loss rule under Section 52 of the Transfer of Property Act applies to mutation cases.
2 provisions across 2 enactments
Pramila Sahu and others
Smt. Musa Behera and others
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
