Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 - lmpleadment of Pendente lite purchaser and direction to work out equity in his favour - Propriety of - Suit for partition - Pendentelite purchase of a portion of suit property - lmpleadment of purchasers at appellate stage - Suit decreed as per terms of compromise - High Court at the instance of purchasers directing the trial court to work out equity in their favour by allotting them the suit property and paying compensation to the vendor and the co-sharers who were not party to the saledeed - Held: Propriety of impleadment order cannot be disturbed - However, direction to work out equity not sustainable - Purchasers were since impleaded duringĀ· pendency of final decree proceedings, all the issues relegated in pending final decree proceedings - Courts are not supposed to encourage pendentelite transactions and regularize such conduct by sharing equity in favour of such purchaser - EquityIn a suit for partition, preliminary decree was granted. The same was challenged in appeal. During pendency thereof, respondents 8 and 9 (pendentelite purchasers of suit item No. 9), were impleaded as respondents in the appeal. The issue in suit was closed by recording compromise between the parties before High Court whereby the parties agreed to the partition. Thereafter, on the application by the purchasers-respondents, High Court directed trial court to work out equity in favour of the purchasers by allotting them suit item No. 9 in their favour and to compensate the plaintiffs and other sharers who were not parties to the sale-deed in the final decree proceedings. In appeal to this court, the questions for , consideration were: (1) whether High Court was justified in impleading the purchasers pendentelite as party respondents in the appeal, and (2) whether High Court was justified in issuing direction for allotment of suit item No. 9 in favour of purchasers and for payment of compensation to other sharers. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2009 INSC 452 |
Petitioner | Marirudraiah & Ors. |
Respondent | B. Sarojamma & Ors. |
SCR | [2009] 5 S.C.R. 491 |
Judgement Date | 2009-04-02 |
Case Number | 2138 |
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