
Praveen Kumar
February 3, 2025 at 12:58 PM
*H. Anjanappa V. A. Prabhakar (2025 SC)*
1. Appeal (u/s. 96 & 100 CPC) against a decree can be filed by any person “aggrieved”. appeal. However, it is a settled legal proposition that a stranger cannot be permitted to file an appeal in any proceedings unless he satisfies the court that he falls within the category of aggrieved persons. It is only where a judgment and decree prejudicially affects the rights of a person who is not a party to the proceedings or that he is otherwise bound by that decree, he can prefer an appeal with the leave of the appellate court.
2. The rejection of the application filed under O.1 R.10 CPC is per se not a ground to reject the application for leave to file appeal. The appellate court has to see whether the Appellant (transferee pendente lite) is aggrieved by a decree or is otherwise prejudicially affected by it.
3. S. 146 CPC and O. 22 R. 10 CPC also provide impleadment of successors-in-interest by way of transfer, assignment or devolution etc.
4. A lis pendens transferee though not brought on record under Order XXII Rule 10 CPC, is entitled to seek leave to appeal against the final decree passed against this transferor, the defendant in the suit. However, it depends upon the facts and circumstances of the case. The court should exercise the discretion judicially.
Summary:
i. First, for the purpose of impleading a transferee pendente lite, the facts and circumstances should be gone into and basing on the necessary facts, the Court can permit such a party to come on record, either under Order I Rule 10 CPC or under Order XXII Rule 10 CPC, as a general principle;
ii. Secondly, a transferee pendente lite is not entitled to come on record as a matter of right;
iii. Thirdly, there is no absolute rule that such a transferee pendente lite, with the leave of the Court should, in all cases, be allowed to come on record as a party;
iv. Fourthly, the impleadment of a transferee pendente lite would depend upon the nature of the suit and appreciation of the material available on record;
v. Fifthly, where a transferee pendente lite does not ask for leave to come on record, that would obviously be at his peril, and the suit may be improperly conducted by the plaintiff on record;
vi. Sixthly, merely because such transferee pendente lite does not come on record, the concept of him (transferee pendente lite) not being bound by the judgment does not arise and consequently he would be bound by the result of the litigation, though he remains unrepresented;
vii. Seventhly, the sale transaction pendente lite is hit by the provisions of Section 52 of the Transfer of Property Act; and,
viii. Eighthly, a transferee pendente lite, being an assignee of interest in the property, as envisaged under Order XXII Rule 10 CPC, can seek leave of the Court to come record on his own or at the instance of either party to the suit.
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