AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the petitioners and learned counsel for the respondents.
This application is directed against the order dated 6.8.2018 passed by the court of learned Munsif 2nd, Hajipur (Vaishali) in Title Suit No.133/01 whereby, the learned court below has been pleased to reject erroneously the application of petitioners filed under Order 1 Rule 10 of the Civil Procedure Code for making them parties in the instant suit, as being purchasers of the plots in question and having bona fide interest in the suit property.
Having heard learned counsel for the petitioner, this Court is not inclined to interfere with the impugned order dated 6.8.2018 passed in Title Suit No.133 of 2001 by learned Munsif-II, Hajipur (Vaishali) for it cannot be said that the same is perverse, illegal or not borne out of the correct and complete appreciation of materials on record.
In support of his submissions, Learned counsel for the petitioner seeks reliance upon the decision rendered by a co-ordinate Bench of this Court reported in 1999(3) PLJR 510, titled as Bhola Ram Sah & Anr. Vs. Fudo Sah & Ors., as also by Hon'ble the Apex Court reported in 2017(4) PLJR (SC) 181 titled as Pankajbhai Rameshbhai Zalavadia Vs. Jethabhai Zalavadiya (Deceased) through L.Rs. & Ors.
Having perused the aforesaid decisions, this Court arrives at the conclusion that in none of these decisions, it stands laid down that under all circumstances the subsequent purchaser must be made as a party to the lis.
The principle of lis pendens would apply in any case.
In the instant case, the trial court has found reason sufficient enough to reject the petitioner's prayer for impleadment for it found it to be only an attempt to procrastinate the proceedings and, more so, when the witnesses stood examined at length. The interest in the property stood transferred, perhaps on 22nd of September, 2017 and the application was filed much thereafter. The court below has rightly held the petitioner's endeavour to delay the proceedings and the party already to the lis enabled the conduct of the lis and defend their respective interests in accordance with law.
As such, for all the aforesaid reasons, the application stands dismissed.