Plaintiff in a specific performance suit challenged the trial court's rejection of impleading lis pendens purchasers despite allowing amendment pleading the alienations. The High Court held that absent any prayer for relief against them, lis pendens purchasers are neither necessary nor proper parties, being bound by Section 52 Transfer of Property Act.
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.
Signature Not Verified
Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 29-Jul-2024 14:16:53
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP NO.455 OF 2024
Renubala Rout …. Petitioner
Mr. Samir Kumar Mishra, Senior Advocate along with Ms. Jagajiban Pradhan, Advocate
-versus-
Bhikari Behera and others
…. Opp. Parties
CORAM:
JUSTICE K.R. MOHAPATRA ORDER
Order No.
25.07.2024
Page 1 of 3
Signature Not Verified
Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 29-Jul-2024 14:16:53
Court refused to entertain the prayer for impletion of lis pendens purchasers as parties to the suit observing that it will change the natur and character of the suit. When the pleadings with regard to the lis pendens transaction have been allowed to be incorporated, the lis pendens purchasers being necessary/proper parties to the suit should have been impleaded.
3.1 Mr. Mishra, learned Senior Advocate, however, submits that even if no prayer to set aside those sale deeds has been made in the plaint, but the lis pendens purchasers being proper parties to the suit ought to have been impleaded to avoid any multiplicity of litigation and for complete adjudication of the suit. Hence, he prays for setting aside the impugned order under Annexure-7 and to direct learned trial Court to implead the lis pendens purchasers as parties to the suit.
Page 2 of 3
Signature Not Verified
Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 29-Jul-2024 14:16:53
Rojalin
Judge
Page 3 of 3
1 issue framed by the court
Whether lis pendens purchasers are necessary or proper parties to a specific performance suit where no relief is sought against them.
3 provisions across 2 enactments
Renubala Rout
Bhikari Behera
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
