AIR 2007 SUPREME COURT 1332 ::2007 AIR SCW 1490 ::(2007) 102 RevDec 253 ::(2007) 2 WLC(SC)CVL 256 ::(2007) 2 CivLJ 427 ::(2007) 1 All RentCas 314 ::(2007) 1 CivilCourtC 401 ::2006 (13) SCC 608 ::(2007) 1 RecCivR 408 ::(2006) 14 Scale 80 ::2007 (66) All LR 304 ::2007 (2) Cal HN 19 ::(2007) 1 All WC 462 ::2007 (2) HRR 179 ::2007 (1) HRR 434 ::(2007) 2 CTC 562 (SC) ::MANU/SC/5371/2006 ::2007 (3) MadLJ377 ::(2007) 2 JCR 145 (SC) ::2007 (3) Pun LR 229 ::(2008) 3 LandLR 621 ::2006 (8) Supreme 1007 ::(2007) 49 AllIndCas 5 (SC) ::2007 (49) AllIndCas 5

Supreme Court Of India

(From : 2007 (1) AIR Jhar R 254 : AIR 2007 (NOC) 520 (Jhar))

Hon'ble Judge(s): Arijit Pasayat, S. H. Kapadia , JJ

(A) Civil P.C. (5 of 1908) , O.1 R.10— Transfer of Property Act (4 of 1882) , S.52— Impleadment of party - Transferee pending suit for specific performance of agreement to sell - Transfer made by transferees from defendant without leave of Court - Cannot claim impleadment in view of doctrine of lis pendens - Order impleading them on ground that there was nobody to represent and safeguard their interest - Liable to be set aside. 2007 (1) AIR Jhar R 254 : AIR 2007 (NOC) 520 (Jhar), Reversed. (Para 13 14) (B) Transfer of Property Act (4 of 1882) , S.52— Doctrine of lis pendens - Is based on equity, good conscience and justice. The principles specified in Section 52 of the T. P. Act are in accordance with equity, good conscience or justice because they rest upon an equitable and just foundation that it will be impossible to bring an action or suit to a successful termination if alienations are permitted to prevail. A transferee pendente lite is bound by the decree just as much as he was a party to the suit. The principle of lis pendens embodied in Section 52 of the T. P. Act being a principle of public policy, no question of good faith or bona fide arises. The principle underlying Section 528 is that a litigating part....