2012 AIR SCW 4248 ::(2012) 117 RevDec 249 ::(2012) 2 WLC(SC)CVL 182 ::(2012) 2 CLR 247 (SC) ::(2013) 1 CivLJ 562 ::(2012) 2 All RentCas 652 ::(2012) 3 CivilCourtC 850 ::2012 (7) SCC 738 ::(2012) 3 RecCivR 749 ::(2012) 6 Scale 143 ::AIR 2012 SC (Civil) 2355 ::(2012) 4 AllMR 481 (SC) ::(2012) 93 All LR 901 ::(2012) 5 Cal HN 35 ::(2012) 5 All WC 4817 ::(2013) 7 Bom CR 873 ::(2012) 2 Guj LH 693 ::(2012) 3 ICC 572 ::(2012) 4 Mad LW 343 ::(2012) 6 AndhLD 102 ::(2013) 1 Mah LJ 1 ::(2012) 3 Ker LJ 114 ::2012 (3) KLT SN 57 (SC) ::(2012) 4 Pun LR 634 ::(2012) 2 RentLR 93 ::(2012) 117 AllIndCas 193 (SC)

Supreme Court Of India

(From : Madras)

Hon'ble Judge(s): P. Sathasivam, J. Chelameshwar , JJ

(A) Transfer of Property Act (4 of 1882) , S.52— Transfer pendente lite - Is not void - Such transfers are only subservient to right of parties to suit. (Para 17) (B) Civil P.C. (5 of 1908) , S.146, O.22 R.10— Transfer of Property Act (4 of 1882) , S.52— @page-SCW4249Impleadment as party - Property suit - Application for impleadment made by purchaser pendente lite - Normally should be allowed or considered liberally. (Para 19) (C) Tamil Nadu Court-fees and Suits Valuation Act (14 of 1955) , S.12— Court fee - Objection as to deficit Court fee - Can be raised by defendant - But he cannot succeed only on that count. Though contrary to Court-fees Act, 1870 a defendant is entitled under the Tamil Nadu Act to bring it to the notice of the Court that the amount of Court fee paid by the plaintiff is not in accordance with law, the defendant cannot succeed in suit only on that count. S. 12(4) (c) makes this position clear. Sub-section (c) thereof provides of the dismissal of only the appeal in case of failure to make good the deficit of Court fee if the same pertains to that portion of the decree by which a portion of the plaintiff's claim stood dis....