Bahadur Singh and Another vs Beant Kaur and Others

K. Kannan, J.—The application for impleadment had been filed before the lower appellate Court by a person claiming to be a purchaser

pending suit from the defendant in suit. The plaintiff''s suit for a specific performance has already been dismissed upholding the right of the

subsequent purchaser cited as the 1st defendant in suit. The trial Court has held the sale deed to be true and declined the relief of specific

performance. When the appeal has been filed by the plaintiff, a still later purchaser, namely, the petitioner from the 1st defendant has sought for

impleadment on a plea that his own vendor, namely, the 1st defendant is colluding that the plaintiff and he is trying to seek to give up his right in

favour of the plaintiff and allow for the decree to be passed. The Court had dismissed the application and hence, the revision petition. I find that

even the sale deed on the basis of which he sought for impleadment has been filed with an application in CM No. 17634-CII of 2013 today. The

counsel for the respondent points out that although the petition filed before the lower appellate Court makes a reference to filing of copy of sale

even that has not been done and the original is being filed only now. There is a recital in the sale deed that there is no pending suit when admittedly

a suit was pending at the time of sale in his favour. He, therefore, states that he must have an opportunity to contest the sale on the basis of which

the impleadment was sought. I find the objection by the respondent to be tenable and it shall not be possible for a Court to adjudicate on the

impleadment even without reference to the sale deed and giving an opportunity to the appellant respondent before this Court to join issue on the

document on the basis of which the purchaser was seeking for impleadment. The law for impleadment of a subsequent purchaser even in a suit for

specific performance has seen a new light in the judgment of the Supreme Court in Thomson Press (India) Ltd. Vs. Nanak Builders and Investors

P. Ltd. and Others, where the Supreme Court was allowing for an impleadment to be made at the instance of a purchaser who purchased the

property when there was a specific order of restraint against alienation. The law stated by the Supreme Court will be taken note of by the lower

appellate Court when a reconsideration is to be done in the light of the alleged sale in favour of the petitioner.

The impugned order is set aside and remitted to the lower appellate Court for consideration of the application to allow for the petitioner to

prove his sale for the purpose of impleadment after giving an opportunity to the appellant respondent before this Court to join issue on the sale filed

before this Court. The sale deed filed along with the CM No. 17634-CII of 2013 shall also be dispatched to the lower appellate Court for

adjudication in accordance with law. The revision petition is ordered on the above terms.