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KHALIQUE ZAMAN CHAUDHRY vs SHABBIR ANJUM MEHDI S — 2022 MLD 1459 ISLAMABAD

Case information

Citation
2022 MLD 1459 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
MLD
Parties
KHALIQUE ZAMAN CHAUDHRY vs SHABBIR ANJUM MEHDI S
Subject matter
Civil
Provisions referred to
S. 52---C; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KHALIQUE ZAMAN CHAUDHRY VS SHABBIR ANJUM MEHDI S.52---Civil Procedure Code (V of 1908), O. I, R.10---Lis pendens doctrine of---applicability---Necessary party, impleading of---Principle---No absolute rule that transferee pendente lite without leave of Court should in all cases be allowed to join and contest pending suits---Pendente lite purchaser has no automatic right to be impleaded and the same is discretion of Court based on facts and circumstances of case---Object of O.I, R.10, C.P.C. is to discourage contests on technical pleas, and to save honest and bona fide claimants from being non-suited---Power to strike out or add parties can be exercised by Court at any stage of proceedings---Under O.I, R.10, C.P.C. a person may be added as a party to a suit when, without his presence, questions in suit cannot be completely decided---For deciding application under O.I, O.10 C.P.C., no elaborate inquiry is required---Purchaser pendente lite should ordinarily be made party in pending proceedings to enable him to protect his interest---Where Trial Court sees an attempt on the part of applicant to complicate and delay pending suits, it ought not to show equity in his favour---Where pendente lite purchaser is permitted to be impleaded as party to suit, he is not entitled to defend the suit independently from the party through whom he claims ownership rights---Transferee pendente lite has to be bound by result of suit or proceeding, whether or not he had notice of suit or proceeding---Judgment delivered and findings recorded against pendente lite seller would be binding on pendente lite purchaser in the same manner and to the same extent as it was binding on pendente lite seller of suit property.

Other judgments reported in 2022 MLD

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