Adarsh Kumar Goel, J.@mdashRespondent No. 1 filed a suit for specific performance, During pendency of the suit, an application was filed for impleading some more defendants to whom suit land was transferred by the defendant during pendency of the suit by way of a collusive decree. The said amendment has been allowed. Hence, this petition.
2. Learned counsel for the petitioner submitted that earlier application under Order 10 CPC had been dismissed. Copy of the order dismissing earlier application has not been shown. In absence thereof it is not clear as to under what circumstances the earlier application was dismissed.
3. Learned counsel for the petitioner referred to decision of the Apex Court in Anil Kumar Singh Vs. Shivnath Mishra alias Gadasa Guru, wherein the Apex Court dismissed SLP against an order refusing to implead a person in whose favour a collusive decree was passed during pendency of the suit for specific performance. A close examination of the said judgment shows that no rule of law is laid down that court has no jurisdiction to implead a transferee to the suit property as party. In para 7, it was observed that "to bring a person as party defendant is not a substantive right but one of procedure and the court has discretion in its proper exercise." In para 10, reference was made to earlier judgment of the Apex Court in Lala Durga Prasad and Another Vs. Lala Deep Chand and Others, holding that a suit for specific performance, subsequent purchaser was necessary party. Thus, even though, the Apex Court did not find any error in the view taken in the facts of that case that transferee of suit property was not a necessary party and order refusing to implead such a person as party was not without jurisdiction in the same judgment, reference was made to Lala Durga Prasad (supra) to the effect that subsequent purchaser was a necessary party.
4. For these reasons, it cannot be held that the trial court could not implead persons in whose favour suit property was transferred. If the trial court has permitted impleadment of persons in whose favour property was transferred during pendency of the suit, it cannot be held that the view taken by the trial court suffers from any jurisdiction error.
